Dr. Siva

The applicant sought statutory accident benefits following a motor vehicle accident, arguing his injuries fell outside the Minor Injury Guideline (MIG) due to a pre-existing condition, chronic pain, and psychological impairment.

The Licence Appeal Tribunal found the applicant failed to meet his onus.

The medical evidence did not establish that his pre-existing back and neck pain would prevent maximal recovery within the MIG.

Furthermore, the evidence did not support a diagnosis of chronic pain with functional impairment or a psychological impairment caused by the accident.

As the applicant's injuries were predominantly minor, he was not entitled to the disputed treatment plans which exceeded the remaining MIG limit, nor was he entitled to interest.

The applicant sought various medical and rehabilitation benefits following a motor vehicle accident.

The Licence Appeal Tribunal found that the applicant was entitled to funding for physiotherapy, Botox injections, a mental health driving assessment, a virtual social work assessment, a sleep study, an oculo-visual assessment, and prescription medication, as these were reasonable and necessary to treat his accident-related impairments, including a mild traumatic brain injury.

However, claims for a functional cognitive assessment, an attendant care assessment, and occupational therapy were denied because the applicant demonstrated an ability to engage in pre-accident activities and perform necessary tasks independently.

The Tribunal also denied the applicant's request for a special award, finding that the insurer reasonably relied on its assessors' opinions.