2 total
Accident benefits claim dismissed as injuries fell within the Minor Injury Guideline limit.
The applicant sought statutory accident benefits following a 2015 motor vehicle accident.
The respondent denied a treatment plan for chiropractic services, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant failed to establish a causal link between her ongoing shoulder and arm pain and the accident, noting intervening injuries and degenerative changes.
As the applicant's injuries were predominantly minor and she had exhausted her $3,500 MIG limit, the claim for further treatment was dismissed.
Claims for interest and costs were also dismissed.
Accident benefits claim dismissed as applicant failed to prove causation and reasonableness of proposed treatments.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for a psychological assessment, chiropractic services, and an occupational therapy in-home assessment.
The insurer denied the benefits, arguing the physical injuries were pre-existing and the psychological assessment costs were unreasonable.
The Licence Appeal Tribunal dismissed the appeal, finding the applicant failed to prove the claimed psychological assessment costs were reasonable compared to the insurer's examination.
The Tribunal also found the applicant failed to establish causation for the physical injuries, noting extensive pre-existing conditions and a lack of evidence connecting the requested chiropractic and occupational therapy treatments to the accident.
No co-appearing lawyers found.
No judges found.