2 total
Application for accident benefits dismissed; applicant failed to prove pre-existing condition or chronic pain warranting removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing her injuries warranted removal from the Minor Injury Guideline (MIG) due to a pre-existing back condition and chronic pain syndrome.
The adjudicator found the applicant failed to provide compelling medical evidence that her pre-existing condition precluded recovery within the MIG, preferring the respondent's section 44 assessors over the applicant's pain specialist.
The adjudicator also found insufficient evidence of functional impairment to support a chronic pain diagnosis.
As the applicant remained within the MIG, her claims for treatment plans exceeding the limit, an award, and interest were dismissed.
Arbitrator finds applicant was involved in an accident based on self-reporting collision reports confirming contact.
The applicant sought statutory accident benefits following an incident where he alleged a tractor-trailer backed into his vehicle.
The insurer denied the claim, arguing no collision occurred, relying on dash-cam video gaps and an accident reconstruction expert.
The arbitrator held a preliminary issue hearing to determine if the incident met the definition of an 'accident' under s. 3(1) of the Schedule.
Applying the purpose and causation tests, the arbitrator found that self-reporting collision reports from both drivers confirmed contact between the vehicles.
The arbitrator concluded the applicant was involved in an accident and deferred the issue of expenses to the main hearing.
