Sheri Corriero

The applicant sought statutory accident benefits following a motor vehicle accident, claiming his injuries—including a concussion, chronic pain, and a psychological condition—warranted removal from the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that the applicant failed to prove on a balance of probabilities that he sustained injuries falling outside the MIG.

The Tribunal preferred the respondent's expert medical evidence, which concluded the applicant suffered only minor injuries such as whiplash and a sprained shoulder.

Consequently, the applicant remained subject to the $3,500 MIG limit, and his claims for additional treatment plans, interest, and a special award were dismissed.

The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs).

The Tribunal found that the applicant, a self-employed steel worker, met the pre-104 week IRB test because his accident-related impairments rendered him substantially unable to perform the heavy physical demands of his pre-accident employment.

However, the Tribunal dismissed the claim for post-104 week IRBs, finding the applicant failed to establish a complete inability to engage in any employment for which he was reasonably suited, as he continued to perform modified and sedentary duties for his business.

The applicant was awarded pre-104 IRBs and interest on overdue payments.