The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied the claims, asserting the injuries fell within the Minor Injury Guideline (MIG).
The insurer raised a preliminary issue that the appeal should be barred because the applicant failed to attend a scheduled psychological insurer's examination (IE).
The Tribunal found that the applicant failed to provide a reasonable explanation for not attending the IE, barring the appeal under s. 55(1)2 of the Schedule.
In the alternative, the Tribunal found the applicant failed to prove his physical or psychological injuries fell outside the MIG, preferring the evidence of the insurer's experts.