2 total
Application for accident benefits dismissed; applicant failed to prove impairments warranting removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans for chiropractic services on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The applicant argued for removal from the MIG, claiming accident-related chronic pain and psychological impairments.
The Tribunal found insufficient medical evidence to support a psychological impairment, noting that chiropractors lack the expertise to diagnose such conditions.
The Tribunal also preferred the insurer's examination report, which indicated the applicant had returned to his pre-accident work and daily routine, over the treating chiropractor's reports.
The application was dismissed, and the applicant remained subject to the MIG limit.
Claim for chiropractic benefits dismissed as the treatment plan was not proven reasonable and necessary.
The applicant sought a medical benefit of $1,300.00 for chiropractic services following a motor vehicle accident.
The respondent denied the claim.
The Licence Appeal Tribunal found that the applicant failed to prove the treatment plan was reasonable and necessary, noting it was inconsistent with a recent physiotherapy discharge report indicating the applicant had returned to her pre-injury level of function.
The application was dismissed and no interest was awarded.
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No linked judges found.
