Jennifer A. Mitchell

The applicant sought medical and rehabilitation benefits following a motor vehicle accident.

The respondent denied the treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued that pre-existing conditions, including a skin condition and fibromyalgia, warranted removal from the MIG.

The Tribunal found no compelling medical evidence that the pre-existing conditions prevented maximal recovery under the MIG.

As the MIG limit was exhausted, the treatment plans were not payable, and claims for interest and an award were dismissed.

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

The respondent denied certain treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued that psychological and neurological impairments, as well as pre-existing conditions, removed him from the MIG.

The Tribunal found that the applicant's injuries were predominantly minor and that he failed to provide compelling medical evidence of pre-existing conditions that would prevent maximal recovery within the MIG limits.

However, because the respondent's initial notice of denial for one treatment plan was non-compliant with section 38(8) of the Schedule, the applicant was entitled to incurred costs for that plan up until a compliant notice was issued.

The remaining treatment plans and a claim for a special award were dismissed.