Stephanie Charikar

The applicant sought statutory accident benefits following a motor vehicle accident.

The matter proceeded to a written hearing, but the applicant failed to file any submissions or evidence.

The Tribunal proceeded in the applicant's absence pursuant to section 7(2) of the Statutory Powers Procedure Act.

The Tribunal found that the applicant failed to meet his evidentiary onus to demonstrate removal from the Minor Injury Guideline or entitlement to the disputed medical benefits, award, and interest.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied funding for physiotherapy and psychological treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 funding limit had been exhausted.

The Tribunal found that the applicant did not suffer from a psychological impairment or chronic pain syndrome as a result of the accident that would warrant removal from the MIG.

The applicant's appeal was dismissed.

The applicant sought medical benefits for physiotherapy following a motor vehicle accident.

The respondent insurer denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG), which caps medical and rehabilitation benefits at $3,500.

The Tribunal found that the medical evidence, including records from the emergency room, family doctor, and insurer examination, indicated the injuries were predominantly minor soft tissue injuries.

The applicant failed to provide evidence of a pre-existing condition that would prevent maximal recovery under the MIG cap.

Consequently, the application for treatment plans and interest was dismissed.