2 total
Application for accident benefits dismissed; non-earner benefit barred for failure to submit timely disability certificate.
The applicant sought statutory accident benefits following a 2018 motor vehicle accident, including a non-earner benefit and funding for orthopaedic and psychological assessments.
The Licence Appeal Tribunal dismissed the application.
The claim for a non-earner benefit was barred because the applicant failed to submit a completed OCF-3 Disability Certificate within two years of the accident, as strictly required by section 32(3) of the Schedule.
The proposed assessments were found not to be reasonable and necessary, as the medical evidence did not support the need for them years after the accident.
Claims for an award and costs were also dismissed.
Accident benefits claim dismissed as injuries fell within the Minor Injury Guideline limit.
The applicant sought statutory accident benefits following a 2015 motor vehicle accident.
The respondent denied a treatment plan for chiropractic services, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant failed to establish a causal link between her ongoing shoulder and arm pain and the accident, noting intervening injuries and degenerative changes.
As the applicant's injuries were predominantly minor and she had exhausted her $3,500 MIG limit, the claim for further treatment was dismissed.
Claims for interest and costs were also dismissed.
