The applicant appealed and sought judicial review of a Licence Appeal Tribunal decision upholding the insurer's denial of medical and rehabilitation benefits beyond the $3,500 Minor Injury Guideline limit.
The applicant argued the Tribunal erred in finding he did not suffer from chronic pain, misapplied the AMA Guides, misapplied the pre-existing condition exception under s. 18(2) of the SABS, and breached procedural fairness by disregarding illegible clinical notes.
The Divisional Court dismissed the appeal and application, finding the Tribunal's factual conclusions were reasonable, it was entitled to weigh the expert medical evidence, and there was no breach of procedural fairness in a written hearing where the applicant provided illegible records.
