Dr. Gratzer

The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the respondent insurer.

The insurer denied claims for a non-earner benefit, physiotherapy, and a psychological assessment on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that the applicant failed to provide objective medical evidence warranting removal from the MIG, noting inconsistencies in the applicant's psychological evidence and a lack of documented functional impairment.

The Tribunal also dismissed the claim for a non-earner benefit, as the applicant failed to demonstrate a complete inability to carry on a normal life.

The application was dismissed in its entirety.

The applicant sought various medical and assessment benefits following a motor vehicle accident, arguing her chronic pain and psychological impairments warranted removal from the Minor Injury Guideline (MIG).

The Tribunal preferred the evidence of the respondent's assessors, finding the applicant's injuries were predominantly minor and did not cause sufficient functional impairment to justify removal from the MIG.

The Tribunal noted the applicant's experts failed to account for subsequent motor vehicle accidents and relied heavily on self-reporting without objective testing.

As the applicant's injuries fell within the MIG and the $3,500 limit had been exhausted, the disputed treatment plans were not payable.

Claims for an award and interest were also dismissed.