Zachary Bain

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied certain benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 treatment limit had been exhausted.

The applicant argued she had a pre-existing back condition, a psychological impairment, and chronic pain that removed her from the MIG.

The Tribunal found insufficient evidence of a pre-existing condition that prevented maximal recovery, and preferred the respondent's psychological assessments showing symptom amplification over the applicant's evidence.

The Tribunal concluded the injuries were predominantly minor, the disputed treatment plans were not payable, and no interest was owed.

The application was dismissed.