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Applicant removed from Minor Injury Guideline due to chronic pain and awarded income replacement benefits.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including an income replacement benefit (IRB) and funding for assessments.
The insurer denied the benefits, arguing the applicant suffered predominantly minor injuries.
The Licence Appeal Tribunal found that the applicant suffered from chronic pain causing functional impairment, removing her from the Minor Injury Guideline and entitling her to $65,000 in medical and rehabilitation benefits.
The Tribunal awarded the IRB and the cost of a chronic pain assessment, but denied funding for a psychological assessment and a special award for unreasonable delay.
Tribunal denies most of disputed catastrophic impairment assessment costs as duplicitous or exceeding statutory caps.
The applicant was injured in a motor vehicle accident and sought approval for a multi-disciplinary catastrophic impairment assessment totaling $22,416.69.
The respondent partially approved the treatment plan for $7,006.00.
The applicant applied to the Licence Appeal Tribunal for the unapproved balance of $15,410.69.
The adjudicator found that most of the disputed assessments were either duplicitous, ancillary to the psychological assessment, or exceeded the $2,000 statutory cap per assessment under s. 25(5)(a) of the Schedule.
The applicant was awarded $2,000 for the CAT Rating/Executive Summary and $200 for the OCF-19 completion fee, plus interest, with the remainder of the claim dismissed.
No co-appearing lawyers found.
No judges found.