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Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing their injuries warranted removal from the Minor Injury Guideline (MIG) due to chronic pain and psychological impairment.
The Tribunal found the applicant failed to meet the burden of proof, as the medical evidence lacked objective corroboration and failed to establish a causal link between the accident and the alleged psychological symptoms.
The Tribunal preferred the respondent's section 44 assessment, which found no objective evidence of impairment.
The application was dismissed, and the applicant was held to the MIG limits.