2 total
Claim for statutory accident benefits partially allowed; cognitive training granted but other treatments denied.
The applicant sought various medical and rehabilitation benefits under the Statutory Accident Benefits Schedule following a motor vehicle accident.
The Licence Appeal Tribunal found that the proposed cognitive training was reasonable and necessary based on a functional cognitive assessment.
However, the Tribunal dismissed the claims for a driver reintegration assessment, psychological services, and chiropractic treatment, preferring the respondent's medical evidence that the applicant's psychological and soft tissue injuries had resolved.
The Tribunal awarded interest on the overdue cognitive training benefit but declined to make a special award, finding no egregious conduct by the insurer.
Accident-related immobility found to be a necessary cause of pre-existing disease progression leading to amputation.
The applicant was involved in a motor vehicle accident and sought statutory accident benefits, including a determination of catastrophic impairment.
The central issue was whether the accident caused the rapid progression of the applicant's pre-existing peripheral arterial disease, which ultimately required an above-the-knee amputation.
The Tribunal applied the 'but for' test and found that the applicant's accident-related lack of mobility was a necessary cause of the disease's progression and the resulting amputation, thereby meeting the criteria for catastrophic impairment.
The Tribunal also awarded non-earner benefits, partial attendant care benefits, costs for chiropractic treatment and catastrophic impairment assessments, and interest on overdue payments, while dismissing a claim for a home exercise program.
No co-appearing lawyers found.
No judges found.