3 total
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming her psychological injuries and chronic pain warranted removal from the Minor Injury Guideline (MIG).
The Tribunal found the applicant's evidence, including psychiatric and chronic pain assessments, lacked corroboration from her family doctor's records and was internally inconsistent.
Preferring the respondent's psychological and physiatry assessments, the Tribunal concluded the applicant failed to establish on a balance of probabilities that she suffered a psychological injury or chronic pain with functional impairment.
The application was dismissed, and the applicant's injuries were deemed predominantly minor and subject to the $3,500 MIG limit.
Applicant remains in Minor Injury Guideline; failed to prove chronic pain or pre-existing conditions precluded recovery.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant sought removal from the MIG based on a partial shoulder tear, pre-existing conditions, chronic pain syndrome, and psychological issues.
The Tribunal found that the applicant failed to provide compelling medical evidence to support removal from the MIG on any of these grounds.
The applicant's expert reports were given less weight due to non-compliance with procedural rules and lack of functional impairment evidence.
The Tribunal concluded the applicant remains within the MIG and is not entitled to the disputed treatment plans.
Applicant removed from Minor Injury Guideline due to accident-related psychological disorders and chronic pain.
The insurer denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that while the initial physical injuries were minor, the applicant subsequently developed accident-related psychological disorders and chronic pain that warranted removal from the MIG.
The Tribunal ordered payment for a psychiatry/GP medical assessment but denied a claim for chiropractic services as there was no outstanding balance.
Interest was awarded on overdue payments.
No co-appearing lawyers found.
No judges found.