2 total
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant sought removal from the MIG on the basis of physical injuries, chronic pain, and psychological conditions.
The Tribunal found that the applicant's physical injuries were soft tissue in nature and that the medical evidence did not support a diagnosis of chronic pain or a psychological condition caused by the accident.
The application was dismissed, and the applicant was not entitled to the disputed treatment plans, an award, or interest.
Application for non-earner benefits and treatment plans dismissed; functional limitations attributed to pre-existing conditions and weight gain.
The applicant, who was wheelchair-bound prior to the accident, was struck by a truck and sought statutory accident benefits, including non-earner benefits and various treatment plans.
The Licence Appeal Tribunal dismissed the application, finding that the applicant's injuries were soft tissue in nature and that she failed to demonstrate a complete inability to carry on a normal life.
The Tribunal preferred the evidence of the respondent's medical assessors, concluding that the applicant's ongoing functional limitations were largely attributable to a significant post-accident weight gain and pre-existing conditions rather than the accident.
Claims for physiotherapy, psychological services, occupational therapy, and an award for unreasonably withheld benefits were also dismissed.
No co-appearing lawyers found.
No judges found.