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Applicant awarded limited IRBs and accounting expenses; ongoing IRBs and medical benefits denied due to insufficient evidence.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs), medical benefits, and accounting expenses.
The Licence Appeal Tribunal found the applicant entitled to IRBs for a limited period (February 3, 2020, to March 11, 2020) based on the disability certificate, but denied ongoing IRBs as the applicant failed to prove a substantial inability to perform his pre-accident employment as a union labourer.
The Tribunal preferred the evidence of the insurer's multidisciplinary assessors over the applicant's late-retained expert.
Claims for various treatment and assessment plans were dismissed as not reasonable and necessary.
The applicant was awarded the cost of an accounting report despite calculation errors, along with interest on overdue benefits, but a claim for a special award was denied.
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought various medical and assessment benefits following a motor vehicle accident, arguing her chronic pain and psychological impairments warranted removal from the Minor Injury Guideline (MIG).
The Tribunal preferred the evidence of the respondent's assessors, finding the applicant's injuries were predominantly minor and did not cause sufficient functional impairment to justify removal from the MIG.
The Tribunal noted the applicant's experts failed to account for subsequent motor vehicle accidents and relied heavily on self-reporting without objective testing.
As the applicant's injuries fell within the MIG and the $3,500 limit had been exhausted, the disputed treatment plans were not payable.
Claims for an award and interest were also dismissed.
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