Zubina Ladak

The applicant sought statutory accident benefits following a motor vehicle accident, arguing that chronic pain and psychological impairments warranted removal from the Minor Injury Guideline (MIG).

The adjudicator found that the applicant failed to prove functional impairment due to chronic pain, noting inconsistencies in his self-reported activities of daily living and placing little weight on his physician's chronic pain diagnosis.

Relying on the respondent's psychological assessment, the adjudicator also found no psychological condition warranting removal.

As the injuries were deemed predominantly minor, the disputed treatment plans were not considered, and claims for an award and interest were dismissed.

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

The Tribunal found that the applicant sustained an accident-related psychological impairment, removing her from the Minor Injury Guideline.

The Tribunal awarded two psychological treatment plans and an income replacement benefit, finding that the exacerbation of her pre-accident sleep issues caused a substantial and complete inability to perform her pre-accident employment as a postal clerk.

Claims for an award for unreasonable delay were dismissed, but interest on overdue payments was granted.