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Applicant's injuries held to fall within the Minor Injury Guideline; removal for chronic pain denied.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied certain treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant sought removal from the MIG on the basis of chronic pain and psychological impairment.
The Tribunal found that the applicant failed to meet the burden of proving chronic pain, as he did not meet the AMA Guides criteria and the respondent's medical examination was preferred.
The Tribunal also found insufficient evidence of a psychological impairment.
The applicant was held to remain within the MIG and was entitled only to the remaining balance of the $3,500 limit, plus interest on any overdue payments.
