Val Chowbay

The applicant was injured in a motor vehicle accident and sought medical benefits for physiotherapy.

The respondent denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued she suffered from chronic pain and other conditions that warranted removal from the MIG.

The Tribunal found that the applicant's injuries were predominantly minor and that her ongoing back pain was likely related to degenerative changes and a subsequent workplace fall, rather than the accident.

As the injuries fell within the MIG, the appeal for further medical benefits was dismissed.

The applicant was struck by a truck's mirror while riding her bicycle and sought statutory accident benefits.

The respondent denied the claims, arguing the injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant suffered a concussion, which falls outside the MIG, based on consistent reporting of symptoms and elevated SACT-2 scores.

The Tribunal also determined that the disputed physiotherapy treatment plans were reasonable and necessary to address the applicant's accident-related impairments.