The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer deemed her injuries to fall within the Minor Injury Guideline (MIG), capping her medical and rehabilitation benefits at $3,500.
The applicant applied to the Licence Appeal Tribunal, arguing she should be removed from the MIG due to chronic pain and pre-existing conditions.
The Tribunal found that the applicant failed to meet her burden of proving a chronic pain condition, preferring the thorough and uncontested evidence of the respondent's medical experts.
The Tribunal also found no evidence that any pre-existing conditions prevented maximal recovery within the MIG limits.
Consequently, the applicant's injuries were deemed minor, and her claims for further medical benefits and interest were dismissed.
