2 total
IRBs awarded for the first 104 weeks post-accident but denied thereafter as applicant could engage in suitable employment.
The applicant sought income replacement benefits (IRBs) following a motor vehicle accident.
The Tribunal found the applicant was substantially unable to perform the essential tasks of her pre-accident employment as a nanny and hotel housekeeper within the first 104 weeks post-accident due to physical injuries, awarding IRBs for that period.
However, the Tribunal denied IRBs beyond the 104-week mark, finding the applicant failed to prove she was completely unable to engage in any reasonably suitable employment, noting she had returned to work in a lighter capacity and giving little weight to her expert reports due to the lack of an interpreter during assessments.
Applicant's chronic pain syndrome took her outside the Minor Injury Guideline, entitling her to medical and income replacement benefits.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and that she did not meet the test for income replacement benefits (IRB).
The adjudicator found that the applicant's injuries, which included chronic pain syndrome and a partial rotator cuff tear, took her outside the MIG.
The adjudicator approved all but one of the disputed treatment plans, finding them reasonable and necessary to address her chronic pain and functional limitations.
The adjudicator also found the applicant was substantially unable to perform the essential tasks of her pre-accident employment as a packing finisher, entitling her to IRBs.
Interest was awarded on overdue payments, but a claim for a special award under Regulation 664 was denied.
No linked lawyers found.
No linked judges found.
