3 total
Application for catastrophic impairment designation dismissed as applicant failed to meet the 55% impairment threshold.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming he sustained a catastrophic impairment under criterion 7 of the Schedule.
The central dispute involved competing psychological assessments, with the applicant's expert assigning a 20% whole person impairment rating and the respondent's expert assigning 0%.
The Tribunal preferred the respondent's expert, finding that the assigned scores more accurately reflected the applicant's level of functioning and testimony regarding his return to work and socializing.
As a result, the applicant failed to meet the 55% threshold for catastrophic impairment.
The claims for various assessments, an award, and interest were consequently dismissed.
Applicant removed from Minor Injury Guideline due to chronic pain but denied income replacement benefits.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The insurer classified his injuries under the Minor Injury Guideline (MIG) and denied various treatment plans and income replacement benefits (IRBs).
The Licence Appeal Tribunal found that the applicant developed a chronic pain condition, removing him from the MIG.
The Tribunal approved a chronic pain assessment plan but denied a psychological assessment and a chronic pain treatment plan, finding them not reasonable and necessary.
The claim for IRBs was also dismissed as the applicant failed to prove a substantial inability to perform the essential tasks of his employment as a cabinet maker.
Non-earner benefit denied due to surveillance evidence; medical benefits for chronic pain granted.
The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit and funding for chiropractic services and a chronic pain assessment.
The Licence Appeal Tribunal dismissed the claim for a non-earner benefit, finding that surveillance evidence and inconsistencies in the applicant's self-reporting undermined her claim of a complete inability to carry on a normal life.
However, the Tribunal granted the medical benefits, concluding that the applicant suffered from an accident-related pain condition and that the proposed treatments were reasonable and necessary to address her physical and psychological impairments.
The respondent's request for costs was denied.