Kim Mohammed-Sieudhan

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to a non-earner benefit, various treatment plans, and removal from the Minor Injury Guideline (MIG) due to chronic pain and pre-existing conditions.

The Licence Appeal Tribunal found that the applicant's injuries were predominantly minor and that he failed to establish chronic pain with functional impairment or a pre-existing condition that would preclude recovery within the MIG.

The Tribunal also dismissed the claim for a non-earner benefit, finding the applicant did not suffer a complete inability to carry on a normal life.

Claims for an award and interest were dismissed as the insurer's handling of the file was reasonable.

The applicant, a pedestrian involved in a motor vehicle accident, sought statutory accident benefits but did not notify the insurer until nearly two years after the accident.

The insurer denied the claim on the basis that the applicant failed to comply with the time limits under section 32 of the Statutory Accident Benefits Schedule.

The Tribunal found that the applicant's explanation for the delay—that she did not have the third party's insurance information and was busy with work and family—was not reasonable.

The Tribunal concluded that the insurer was prejudiced by the delay and dismissed the application as statute-barred.

The applicant was injured in a motor vehicle accident and sought medical and rehabilitation benefits beyond the $3,500 Minor Injury Guideline (MIG) cap, arguing that she suffered from chronic pain and chronic pain syndrome.

The respondent denied the treatment plans on the basis that the injuries were predominantly minor.

The Tribunal found that the applicant failed to establish a diagnosis of chronic pain or any functional impairment that caused an adverse effect on her well-being, noting she returned to work shortly after the accident and continued her regular duties.

The Tribunal concluded the applicant's injuries fell within the MIG and dismissed the application for additional benefits.