The applicant sought accident benefits following a motor vehicle accident, arguing his injuries fell outside the Minor Injury Guideline (MIG) due to pre-existing chronic pain and a diagnosis of spinal stenosis.
The Licence Appeal Tribunal found that the applicant failed to provide compelling medical evidence that his pre-existing condition would prevent recovery within the MIG, noting that post-accident clinical records showed no exacerbation of his condition.
The Tribunal accepted the respondent's insurer examination reports, which concluded the applicant sustained soft tissue injuries treatable within the MIG.
As the MIG limits were exhausted, the claims for chiropractic services, a chronic pain assessment, interest, and an award were dismissed.