2 total
Application for accident benefits beyond the Minor Injury Guideline dismissed for insufficient evidence of psychological impairment or chronic pain.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing her injuries fell outside the Minor Injury Guideline (MIG) due to psychological impairments and chronic pain.
The Licence Appeal Tribunal found the applicant did not meet the burden of proving her injuries warranted removal from the MIG.
The Tribunal preferred the respondent's medical evidence, which included comprehensive reviews of medical records and in-person assessments, over the applicant's evidence, which was found to be contradictory and lacking in documentary review.
As the applicant remained within the MIG, her claims for various treatment plans, an award for unreasonable delay, and interest were dismissed.
Non-earner benefit denied; psychological treatment costs including interpretation fees granted as reasonable and necessary.
The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit and costs for psychological assessments and services.
The Licence Appeal Tribunal found that the applicant did not meet the test for a non-earner benefit, as he failed to demonstrate a complete inability to carry on a normal life.
However, the Tribunal granted the costs for the psychological assessment and services, finding that the additional hours billed for interpretation services and planning due to the applicant's language barrier were reasonable and necessary.
The applicant's claim for a special award under section 10 of Regulation 664 was dismissed, as the insurer's conduct was not found to be unreasonable.
No co-appearing lawyers found.
No judges found.