The applicant sought ongoing income replacement benefits (IRBs) more than 104 weeks after a motor vehicle accident, claiming a complete inability to work due to chronic pain and psychological impairments.
The respondent insurer terminated IRBs based on insurer examinations indicating the applicant could perform alternative employment.
The Licence Appeal Tribunal found that the applicant's condition had improved, she had reached maximum medical improvement, and she possessed transferable skills suitable for roles such as a beauty salon attendant or cashier.
The Tribunal concluded the applicant failed to meet the post-104 week disability test.
Additionally, the applicant's claim for the cost of a chronic pain assessment was denied because it was incurred before submitting a treatment plan, contrary to section 38(2) of the Schedule.
The application was dismissed.
