Danny Monk

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The adjudicator found the applicant was barred from proceeding with his MIG claim because he failed to attend a reasonably requested s. 44 psychological assessment without a reasonable explanation.

The applicant's claim for income replacement benefits was dismissed for lack of evidence.

However, the adjudicator found the respondent provided defective notice under s. 38(8) of the Schedule for two physiotherapy treatment plans.

Applying s. 38(11), the adjudicator ordered the respondent to pay the portions of those plans incurred prior to the defective notice being cured, with interest.

Claims for psychological treatment plans and an award were dismissed.

The applicant was struck by a vehicle in a parking lot and sought income replacement benefits and medical benefits for chiropractic services.

The adjudicator found that the applicant did not suffer a complete inability to engage in employment after the first 104 weeks, relying on independent medical examinations which concluded she could perform the essential tasks of her employment.

The adjudicator also found that the proposed chiropractic treatments were not reasonable and necessary.

All claims, including those for interest and a special award, were dismissed.