2 total
Application for accident benefits dismissed; injuries remain within the Minor Injury Guideline and IRB denied.
The applicant sought statutory accident benefits following a motor vehicle accident while working as an Uber driver.
The insurer denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and that he was not entitled to an income replacement benefit (IRB).
The Tribunal found that the applicant's physical injuries were predominantly minor and that he failed to prove a psychological impairment, noting inconsistencies in his self-reporting and surveillance video showing him performing various physical tasks.
The Tribunal also dismissed the claim for IRBs, finding no medical evidence that the applicant suffered a substantial inability to perform the essential tasks of his employment.
As the MIG limits were exhausted, the claims for further treatment plans and assessments were dismissed.
Application for accident benefits dismissed as res judicata; new medical evidence insufficient to waive doctrine.
The applicant sought statutory accident benefits following a 2016 motor vehicle accident.
In a prior Tribunal decision, it was determined that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant filed a second application seeking to remove herself from the MIG based on new medical reports.
The Tribunal dismissed the application, finding that the issue was barred by res judicata.
The Tribunal held that the new medical evidence did not conclusively impeach the original results, as the experts relied heavily on self-reporting and one expert lacked the appropriate orthopaedic qualifications.
The respondent's request for costs was denied.
No co-appearing lawyers found.
No judges found.