The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer determined the applicant's injuries fell within the Minor Injury Guideline (MIG) and limited medical and rehabilitation benefits to $3,500.
The applicant argued that a pre-existing neck condition prevented maximal recovery within the MIG limit.
The Tribunal found the applicant failed to provide compelling medical evidence that the pre-existing condition impeded recovery, preferring the expert opinion of the insurer's examiner over the clinical notes of the applicant's family physician.
The Tribunal held the applicant was subject to the MIG limit but was entitled to partial payment of a physiotherapy treatment plan up to the remaining $84.09 of the limit, plus interest.
