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Application for accident benefits dismissed; applicant failed to prove pre-existing condition or chronic pain warranted MIG removal.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing her injuries warranted removal from the Minor Injury Guideline (MIG) due to a pre-existing condition and chronic pain.
The Licence Appeal Tribunal found the applicant failed to establish that her pre-existing degenerative disc disease and prior accident injuries precluded her recovery within the MIG.
Furthermore, the Tribunal held the applicant did not meet the criteria for chronic pain under the AMA Guides, noting her return to full-time employment and lack of dependence on pain medication.
The application for benefits was dismissed, and the respondent's request for costs due to the applicant's late submissions was denied.
