2 total
Application for accident benefits dismissed as applicant's injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the claims, arguing the injuries fell within the Minor Injury Guideline (MIG) and the applicant had exhausted the $3,500 limit.
The applicant argued she suffered from chronic pain syndrome, removing her from the MIG.
The adjudicator found the applicant's high level of activity, including yoga, snowshoeing, and active holidays, was inconsistent with a diagnosis of chronic pain.
The adjudicator concluded the injuries were predominantly minor and dismissed the application.
Motion to vary case conference order to allow affidavit evidence in written hearing dismissed.
The applicant brought a motion to vary a Case Conference Order to permit the use of affidavit evidence in a written hearing for statutory accident benefits.
The adjudicator dismissed the motion, finding that a request to vary an explicit order made by a case conference adjudicator must be brought by way of a reconsideration under Rule 18 of the Tribunal's Common Rules of Practice and Procedure.
The adjudicator also noted that introducing affidavit evidence into a written hearing format could distort the process by opening the door to cross-examinations or competing affidavits.
