3 total
Accident benefits claim dismissed; applicant's injuries held within the Minor Injury Guideline and limitation period missed.
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 Tribunal found that the applicant was barred from disputing one treatment plan because he missed the two-year limitation period and the respondent's denial notice was valid.
On the substantive issues, the Tribunal held that the applicant's physical and psychological injuries were predominantly minor, keeping him within the MIG.
The Tribunal also dismissed the claim for a non-earner benefit, finding the applicant returned to work and failed to establish a complete inability to carry on a normal life.
Claims for an award and interest were also dismissed.
Application for statutory accident benefits dismissed as applicant failed to prove treatment plans were reasonable and necessary.
The applicant sought various medical and rehabilitation benefits under the Statutory Accident Benefits Schedule following a motor vehicle accident.
The respondent insurer denied the treatment plans based on insurer examinations.
The Tribunal found that the applicant failed to meet his burden of proving the treatment plans were reasonable and necessary, placing greater weight on the contemporaneous insurer examination reports which concluded the applicant had reached maximum medical recovery and had no ongoing accident-related impairments.
The application was dismissed in its entirety.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The respondent denied various treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant failed to prove on a balance of probabilities that his physical or psychological injuries warranted removal from the MIG.
As the applicant had already exhausted the $3,500 MIG limit, the disputed treatment plans were not payable.
The application was dismissed.
No co-appearing lawyers found.
No judges found.