2 total
Claims for non-earner and attendant care benefits dismissed for failure to meet evidentiary burdens.
The applicant sought non-earner benefits and attendant care benefits following a motor vehicle accident.
The Tribunal found the applicant failed to meet the test for a non-earner benefit, as she did not provide compelling evidence comparing her pre- and post-accident activities to establish a complete inability to carry on a normal life.
The Tribunal also denied the claim for attendant care benefits because the applicant failed to prove that any such expenses were incurred.
Claims for an award and interest were dismissed, and the respondent's request for costs was denied.
Application for accident benefits dismissed; applicant's injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that pre-existing conditions, psychological injuries, and ongoing pain removed her from the MIG.
The Tribunal found that the applicant's pre-existing conditions did not preclude recovery within the funding limit, preferred the respondent's psychological assessment finding no psychological impairment, and concluded there was no evidence of a chronic pain condition.
The Tribunal held that the applicant sustained predominantly minor injuries and dismissed the claims for medical benefits and interest.
No co-appearing lawyers found.
No judges found.