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Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant failed to prove on a balance of probabilities that his physical or psychological injuries warranted removal from the MIG.
The Tribunal preferred the respondent's s. 44 assessors over the applicant's experts, noting contradictions in the applicant's psychological evidence and a lack of objective medical documentation supporting significant impairment.
The application was dismissed.