2 total
Applicant removed from Minor Injury Guideline due to psychological impairments; non-earner benefit denied.
The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit and medical benefits for physiotherapy and psychological services.
The respondent denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline.
The Licence Appeal Tribunal found the applicant was not entitled to a non-earner benefit as he failed to establish a complete inability to carry on a normal life.
However, the Tribunal determined the applicant's psychological impairments, including a diagnosis of post-traumatic stress disorder, exceeded the Minor Injury Guideline.
The Tribunal awarded funding for the disputed physiotherapy and psychological counselling services, but denied the request for a psychological assessment as duplicative.
Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and IRB claim unsupported.
The applicant sought medical benefits, costs of examinations, and income replacement benefits following a motor vehicle accident.
The respondent denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and that the applicant failed to attend a section 44 assessment.
The Tribunal found that the applicant's pre-existing knee injury was not exacerbated by the accident and that the applicant did not suffer a psychological injury warranting removal from the MIG.
The Tribunal also held that the applicant was not entitled to further income replacement benefits, as the applicant failed to attend a scheduled assessment and the medical evidence did not support an inability to work.
The application was dismissed.
No co-appearing lawyers found.
No judges found.