Jennifer Kelly

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

The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant claimed chronic pain and psychological impairments warranted removal from the MIG.

The Tribunal found insufficient evidence of chronic pain syndrome or psychological impairment, concluding the injuries were predominantly minor.

The application for a chiropractic treatment plan and interest was dismissed.

The applicant sought income replacement benefits following a motor vehicle accident.

The insurer raised a preliminary issue, arguing the applicant was statute-barred under section 56 of the Statutory Accident Benefits Schedule for failing to dispute a denial within two years.

The Tribunal found that the insurer's letters requesting an Employer's Confirmation Form (OCF-2) did not constitute clear and unequivocal denials of the benefit.

As the insurer failed to properly deny the application, the limitation period was not triggered, and the applicant was permitted to proceed with her claim.