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Tribunal denies physiotherapy and attendant care assessment but approves driver evaluation based on psychological evidence.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's denial of treatment plans for physiotherapy, assistive devices, an attendant care assessment, and a driver evaluation.
The Licence Appeal Tribunal found that the applicant failed to provide objective medical evidence to establish that the physiotherapy, assistive devices, and attendant care assessment were reasonable and necessary, noting the respondent's unchallenged orthopaedic assessment.
However, the Tribunal granted the treatment plan for a driver evaluation, as it was specifically recommended by the applicant's psychological assessors and uncontradicted by the respondent.
The applicant was also awarded interest on the overdue payment.
Application for accident benefits dismissed; injuries remained within the Minor Injury Guideline limits.
The applicant sought medical and rehabilitation benefits following a motor vehicle accident, arguing her injuries warranted removal from the Minor Injury Guideline (MIG) due to chronic pain and psychological impairment.
The Licence Appeal Tribunal found that the medical evidence, including insurer's examinations, confirmed the applicant sustained only soft tissue injuries.
The Tribunal concluded the applicant failed to demonstrate chronic pain with functional impairment or a psychological condition that would justify removal from the MIG.
As the $3,500 MIG limit had been exhausted, the disputed treatment plans and claim for interest were dismissed.
No co-appearing lawyers found.
No judges found.