2 total
Accident benefits application dismissed; applicant failed to prove pre-existing conditions warranted removal from Minor Injury Guideline.
The applicant sought accident benefits following a rear-end motor vehicle collision.
The insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued her pre-existing chronic neck and back pain warranted removal from the MIG.
The Tribunal found the applicant failed to provide compelling medical evidence that her pre-existing conditions precluded recovery within the MIG, preferring the insurer's physiatry assessment.
The Tribunal also dismissed the claim for non-earner benefits, finding the applicant's self-reported limitations were contradicted by pre-accident medical records and lacked corroborating medical evidence.
The application was dismissed.
Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline.
The applicant, a minor struck by a car while riding a bicycle, sought statutory accident benefits including a non-earner benefit and funding for chiropractic treatment plans.
The respondent insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant failed to prove his injuries warranted removal from the MIG, as medical evidence indicated only soft tissue injuries.
The Tribunal also dismissed the claims for a non-earner benefit, finding insufficient evidence of a complete inability to carry on a normal life, and found the treatment plans were not payable.
No co-appearing lawyers found.
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