The Tribunal was asked to determine whether the claimant’s injuries were within the Minor Injury Guideline, but no benefits were disputed. Prior to the case conference, the insurer filed a motion to dismiss the claim without a hearing on the basis that the subject matter of the application fell outside of the Tribunals jurisdiction. The insurer highlighted that when filing the application for the LAT, the claimant listed the MIG determination as the only issue in dispute. The insurer argued that the MIG is not a benefit. Adjudicator Lester agreed with the insurers submissions, concluding that under statutory interpretation, the Tribunal does not have jurisdiction to deal with the issue of the MIG unless a benefit is tied to it. The MIG itself is not a statutory accident benefit; it is a guide that defines a minor injury and provides the treatment framework for medical providers. Accordingly, the Tribunal does not have jurisdiction and the application was dismissed.
