Marina Linkletter

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's determination that her injuries fell within the Minor Injury Guideline (MIG).

The applicant claimed her tennis elbow, neck and shoulder strains, and ongoing pain constituted non-minor injuries.

The Tribunal found that the tennis elbow predated the accident and that the applicant failed to prove her pain caused functional impairment or disability.

As the applicant did not establish a non-minor injury, she was subject to the $3,500 MIG limit, which was essentially exhausted.

The claim for $4,115.00 in chiropractic services was dismissed.

The respondent's request for costs was also denied.

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

The respondent insurer determined the applicant's injuries fell within the Minor Injury Guideline (MIG) and denied a treatment plan for chiropractic services.

The applicant applied to the Licence Appeal Tribunal, arguing he suffered from chronic pain warranting removal from the MIG.

The Tribunal found the applicant failed to provide compelling medical evidence, such as clinical notes or a chronic pain diagnosis, to challenge the MIG determination.

The Tribunal held the applicant remained within the MIG and was only entitled to the remaining balance of the $3,500 limit.

The respondent's request for costs was denied as the applicant's failure to meet his evidentiary burden did not amount to unreasonable or frivolous conduct.

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).

The applicant applied to the Licence Appeal Tribunal, arguing she should be removed from the MIG due to pre-existing conditions, psychological impairments, and chronic pain.

The Tribunal found the applicant failed to provide sufficient medical evidence that her pre-existing conditions prevented maximal recovery under the MIG, or that she suffered from accident-related psychological impairments or chronic pain warranting removal.

As the $3,500 MIG limit was exhausted, the disputed treatment plans were not payable.

The Tribunal also dismissed the applicant's claim for an award and interest, and declined to award costs to the respondent.

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

The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found the applicant suffered from chronic pain syndrome, meeting the criteria under the AMA Guides, and was therefore removed from the MIG.

The Tribunal ordered the respondent to pay for multiple treatment plans for chiropractic and massage therapy, a psychological assessment, and a chronic pain assessment, finding them reasonable and necessary.

The respondent's request for costs was denied.