Aaron Atwal

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

The respondent denied the benefits, arguing the applicant was statute-barred for submitting her application seven months late and that her injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found the applicant had a reasonable explanation for the delay due to documented cognitive and psychological challenges.

However, on the substantive issues, the Tribunal concluded the applicant failed to establish that her chronic pain and psychological impairments were caused by the accident rather than pre-existing conditions.

The application for removal from the MIG, non-earner benefits, and treatment plans was dismissed.

The applicant sought entitlement to statutory accident benefits for psychological and physiotherapy treatment plans, a general practitioner's assessment, and a special award following a 2019 motor vehicle accident.

The Licence Appeal Tribunal found the applicant was partially entitled to one psychological treatment plan, preferring the treating psychiatrist's clinical notes over the respondent's section 44 assessor.

The remaining psychological and physiotherapy plans were denied as the applicant failed to prove they were reasonable and necessary, with the Tribunal finding the applicant had reached maximum medical improvement physically.

The claim for the general practitioner's assessment was barred by issue estoppel from a previous Tribunal decision.

No special award was granted as the insurer's conduct was not unreasonable.