Varshni Skantharajah

The applicant sought income replacement benefits and medical benefits following a motor vehicle accident.

The applicant failed to properly serve summonses on his intended witnesses, resulting in the respondent's motion to quash the summonses being granted.

At the hearing, the applicant chose not to give oral evidence and provided no substantive documentary evidence to support his claims.

The Tribunal dismissed the application, finding the applicant failed to meet his burden of proving entitlement to the claimed benefits on a balance of probabilities.

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

The respondent denied certain 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 applicant argued that pre-existing back and shoulder issues, psychological impairments, and chronic pain removed him from the MIG.

The Tribunal found insufficient medical evidence to establish that any pre-existing condition would prevent maximal recovery within the MIG limit, or that the applicant suffered from accident-related psychological impairment or chronic pain.

The Tribunal concluded the injuries were predominantly minor and subject to the MIG limit.

As the limit was already reached, the disputed treatment plans and interest were denied.