2 total
Applicant removed from Minor Injury Guideline due to psychological impairments; psychological treatment plans approved.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied treatment plans for chiropractic and psychological services, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that while the physical injuries were predominantly minor, the applicant demonstrated on a balance of probabilities that she sustained psychological impairments removing her from the MIG.
The Tribunal ordered payment for the psychological assessment and treatment plans, along with interest, but denied the chiropractic treatment plan as not reasonable and necessary.
Claims for income replacement, medical benefits, and catastrophic impairment dismissed due to insufficient evidence and failure to account for pre-existing conditions.
The applicant sought income replacement benefits, medical benefits, and a determination of catastrophic impairment following a 2008 motor vehicle accident.
The arbitrator dismissed the claims, finding the applicant failed to prove a complete inability to engage in employment for the IRB claim.
The medical benefit claim was not properly linked to the 2008 accident.
The catastrophic impairment claim failed because the applicant's assessments did not properly account for pre-existing conditions as required by the AMA Guides, and the evidence did not establish a marked impairment resulting directly from the 2008 accident.
No co-appearing lawyers found.
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