The claimant sought reconsideration of the Tribunal’s decision which found that her injuries fell within the Minor Injury Guideline. The claimant argued that the Tribunal erred in law by creating and applying an incorrect test to decide the issues in dispute. Specifically, the claimant stated that she was not taken out of the MIG despite the presence of medical evidence supporting her claims. Adjudicator Manigat stated that the simple fact of providing medical evidence was not enough to take the claimant out of the MIG. Further, after reviewing the medical evidence, the claimant’s injuries were found to be predominately minor and her pre-existing injuries would not prevent her from achieving maximal medical recovery if she were confined to the MIG. The claimant also argued that the presence of pre-existing injuries, the fact that all disputed chiropractic treatment plans had been fully incurred, and the fact that the cost of examinations for psychological assessment had been incurred were indicative that her injuries should not be confined within the MIG. Adjudicator Manigat found that these facts did not require the conclusion that the MI did not apply nor prove that the treatment plans were reasonable and necessary. The claimant failed to establish any significant error of law or fact by the Tribunal and her request for reconsideration was dismissed.
