Amanda Garnett

The applicant was involved in a motor vehicle accident and sought a determination that she sustained a catastrophic impairment under Criterion 8 of the Statutory Accident Benefits Schedule due to psychological impairments.

The Licence Appeal Tribunal found that the applicant failed to meet her burden of proof.

The Tribunal placed little weight on the applicant's expert assessors, noting their reliance on self-reports and lack of supporting medical documentation.

Conversely, the Tribunal accepted the respondent's psychiatric assessment, which concluded the applicant suffered only moderate impairments across the four spheres of functioning.

The application was dismissed.

The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits.

The respondent denied medical benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The adjudicator found that the applicant's injuries, which included radiculopathy and possible myeloradiculopathy as noted by the respondent's own neurological assessor, exhibited neurological signs that removed him from the MIG.

The adjudicator approved two physiotherapy treatment plans, finding one reasonable and necessary for pain relief, and the other payable because the respondent failed to provide adequate medical reasons for its denial under s. 38(8) of the Schedule.

An attendant care needs assessment was also approved.

However, the applicant's claim for a special award under Regulation 664 was dismissed as there was insufficient evidence that the respondent acted unreasonably.