2 total
Application for accident benefits dismissed; applicant's injuries remained within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits, removal from the Minor Injury Guideline, and payment for several treatment plans.
The Tribunal found that the applicant failed to prove a substantial inability to perform the essential tasks of his employment as a self-employed painter, relying on medical evidence showing mostly normal physical function and no significant psychological impairment.
The Tribunal also concluded that the applicant's injuries were predominantly minor soft-tissue sprains and strains, keeping him within the Minor Injury Guideline.
Because the $3,500 limit had been exhausted, the claims for additional treatment plans and an award were dismissed.
Applicant removed from Minor Injury Guideline due to chronic pain; disputed treatment plans found reasonable and necessary.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The respondent insurer denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and were subject to the $3,500 limit.
The Tribunal found that the applicant suffered from chronic pain and psychological impairments that caused functional disability, removing him from the MIG.
The Tribunal concluded that all disputed treatment plans, including chiropractic services, psychological services, and various assessments, were reasonable and necessary.
The applicant was awarded the claimed benefits and interest on overdue payments.
No co-appearing lawyers found.
No judges found.