The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied benefits, arguing non-compliance with an examination under oath and that the injuries fell within the Minor Injury Guideline.
The Tribunal found the insurer could not rely on the examination under oath non-compliance because it improperly sought a mixed examination.
The Tribunal removed the applicant from the Minor Injury Guideline due to an accident-related chronic pain condition, approving several physical rehabilitation and pain assessment plans.
However, claims for an income replacement benefit and various psychological and cognitive assessments were dismissed for lack of supporting evidence.
