Lauren A Cullen

The applicant sought statutory accident benefits following a motor vehicle accident, disputing her placement in the Minor Injury Guideline (MIG) and claiming entitlement to income replacement benefits (IRBs), attendant care benefits (ACBs), and specific treatment plans.

The Tribunal found that the applicant's injuries were predominantly minor, rejecting claims of an accident-related concussion and chronic pain syndrome due to a lack of contemporaneous and consistent medical evidence.

The Tribunal also dismissed the claims for IRBs and ACBs, finding the applicant did not demonstrate a substantial inability to perform her pre-accident employment tasks or a functional need for attendant care.

The application was dismissed in its entirety.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The respondent insurer denied two physiotherapy treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant suffered a concussion, supported by emergency room records and a family physician's diagnosis, which warranted removal from the MIG.

The Tribunal ordered the respondent to pay the disputed treatment plans and awarded a 50% penalty under s. 10 of Regulation 664, finding the insurer's refusal to accept the concussion diagnosis and reliance on a flawed independent medical examination constituted stubborn and unreasonable conduct.