The claimant sought removal from the MIG and entitlement to four treatment plans. A number of procedural issues were first addressed. Adjudicator Ferguson rejected the claimant’s objection to the insurer’s expert report being considered by the Tribunal because the issue was not raised until the claimant’s reply submissions. The adjudicator rejected the insurer’s objection about the claimant’s written materials being too long, the insurer’s objection about late medical documents, and the insurer’s objection about the lack of Acknowledgement of Duty form by the claimant’s experts. He reasoned that excluding the impugned records or opinions would prevent him from making a fair and proportional determination on the merits of the case. In terms of the claims, Adjudicator Ferguson held that the claimant suffered a “minor injury” in the accident, and that he did not have any pre-existing conditions warranting removal from the MIG. He noted that none of the claimant’s experts were professionally qualified to make psychological diagnoses, there were no medical reports formally making a diagnosis, and the practitioners supporting a chronic pain diagnosis had no expertise in the area.
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