2 total
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline and IRB test unmet.
The applicant sought statutory accident benefits following a motor vehicle accident, including an income replacement benefit (IRB) and various medical benefits.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and she did not suffer a substantial inability to perform the essential tasks of her self-employment.
The Tribunal found the applicant failed to prove entitlement to an IRB, preferring the respondent's assessors who personally evaluated her over the applicant's paper-review assessor.
The Tribunal also concluded the applicant's physical, dental (TMJ), and psychological injuries did not warrant removal from the MIG.
The application was dismissed.
Applicant removed from Minor Injury Guideline due to accident-related psychological disorders and chronic pain.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that while the initial physical injuries were minor, the applicant subsequently developed accident-related psychological disorders and chronic pain that warranted removal from the MIG.
The Tribunal ordered payment for a psychiatry/GP medical assessment but denied a claim for chiropractic services as there was no outstanding balance.
Interest was awarded on overdue payments.
No co-appearing lawyers found.
No judges found.