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Tribunal lacks jurisdiction to determine Minor Injury Guideline applicability as a stand-alone issue without an underlying benefit dispute.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
After withdrawing his claim for a non-earner benefit, the applicant requested that the Tribunal proceed with a written hearing solely to determine whether his injuries were subject to the Minor Injury Guideline (MIG).
The Tribunal held that it does not have jurisdiction to determine whether the MIG applies as a stand-alone issue in the absence of an underlying dispute relating to entitlement to a specific benefit under the Schedule.
The application was dismissed.