Sabina Arulampalam

The applicant sought a non-earner benefit following a motor vehicle accident, claiming he suffered a continuous complete inability to carry on a normal life.

The arbitrator found the applicant lacked credibility regarding his pre-accident health, as medical records indicated pre-existing neck pain, numbness, and depression.

The arbitrator concluded the applicant failed to prove that the accident materially contributed to his impairments or that any such impairments continuously prevented him from engaging in substantially all of his pre-accident activities.

The application for non-earner benefits, along with claims for a special award, expenses, and interest, was dismissed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy and chiropractic services.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and were subject to the $3,500 cap.

The Tribunal found that the applicant's soft tissue injuries fell within the definition of minor injuries under the Schedule.

The applicant failed to provide objective medical evidence of chronic pain or a pre-existing condition that would prevent maximal recovery under the MIG.

Consequently, the Tribunal held the applicant was not entitled to treatment beyond the MIG cap, and dismissed the claims for the disputed treatment plans and interest.

The respondent's request for costs was also denied.