Niki Giovanoglou

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 funding limit had been exhausted.

The applicant claimed removal from the MIG was warranted due to psychological injuries, chronic pain, and a pre-existing right knee condition.

The Tribunal found the applicant failed to meet his burden of demonstrating his injuries fell outside the MIG.

The Tribunal preferred the respondent's psychological assessment over the applicant's, found no objective evidence of chronic pain, and concluded the pre-existing knee condition did not preclude recovery from the accident-related injuries.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

After failing to appear at a pre-hearing discussion, the applicant and his legal representative were sent an attendance notice for an in-person hearing.

When the applicant again failed to appear or contact the arbitrator, the arbitration proceeded in his absence pursuant to Rule 37.7 of the Dispute Resolution Practice Code.

As the applicant bore the onus of proving entitlement and presented no evidence, the application was dismissed.

The applicant was ordered to pay the insurer's expenses of $750.00.