The applicant was injured in a motor vehicle accident and sought medical benefits, which the respondent denied on the basis that the injuries fell within the Minor Injury Guideline (MIG).
The applicant applied to the Licence Appeal Tribunal, arguing that pre-existing conditions and psychological impairments warranted removal from the MIG.
The Tribunal found that the applicant failed to provide compelling evidence that his pre-existing knee injury would prevent maximal recovery under the MIG.
Furthermore, the Tribunal preferred the respondent's psychological assessment, which included validity testing indicating symptom magnification, over the applicant's psychological report.
Consequently, the Tribunal concluded the applicant's injuries were predominantly minor, and since the MIG limits were exhausted, the claims for further benefits, interest, and an award were dismissed.
