2 total
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied two treatment plans for chiropractic services, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant sought removal from the MIG based on a pre-existing condition and chronic pain.
The Tribunal found the applicant failed to prove her injuries fell outside the MIG, as she did not provide compelling evidence that her pre-existing conditions prevented maximal recovery within the MIG, nor did she establish chronic pain with functional impairment.
As the MIG limit was exhausted, the treatment plans were denied.
Claims for interest and a special award were also dismissed.
Applicant's injuries remain within the Minor Injury Guideline; late-filed medical records excluded for non-compliance.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's determination that his injuries fell within the Minor Injury Guideline (MIG).
The Tribunal excluded the applicant's late-filed medical records due to non-compliance with production orders.
The Tribunal found insufficient evidence of a concussion, chronic pain, or psychological impairment to warrant removal from the MIG.
The applicant was held to the $3,500 MIG limit and was only entitled to the remaining balance of $458.67 for incurred benefits, plus interest.
