2 total
Application for statutory accident benefits dismissed due to inconsistent self-reporting undermining claims of impairment.
The applicant sought statutory accident benefits, including non-earner benefits, medical benefits for psychological services, chronic pain treatment, physiotherapy, and assessments, following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to prove her entitlement to the benefits.
The Tribunal gave substantial weight to the respondent's insurer's examination reports, noting that the applicant's self-reporting to her own experts was inconsistent with her statements to the respondent's assessors, undermining her claims of complete inability to carry on a normal life, psychological impairment, and chronic pain syndrome.
The applicant's requests for interest and a special award were also denied.
Claim for ongoing weekly income benefits dismissed as medical evidence showed applicant could return to part-time work.
The applicant was injured in a motor vehicle accident and received weekly income benefits until they were terminated by the insurer.
She applied for arbitration, claiming ongoing entitlement based on an alleged pre-accident offer of full-time employment.
The arbitrator found insufficient evidence of the full-time job offer and assessed her disability based on her part-time role.
Relying on medical evidence that she was fit to return to part-time work, the arbitrator dismissed the claim for ongoing benefits but awarded the applicant her arbitration expenses.
No co-appearing lawyers found.
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