Dr. J. Clewes

The applicant sought statutory accident benefits for physiotherapy and a psychological assessment following a May 2016 motor vehicle accident.

The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove the treatments were reasonable and necessary as a result of the subject accident.

The Tribunal noted significant gaps in the medical records and unrefuted evidence of subsequent intervening accidents, including another motor vehicle accident and a cycling accident, which likely caused the current injuries.

The applicant sought medical benefits, costs of examinations, and income replacement benefits following a motor vehicle accident.

The respondent denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and that the applicant failed to attend a section 44 assessment.

The Tribunal found that the applicant's pre-existing knee injury was not exacerbated by the accident and that the applicant did not suffer a psychological injury warranting removal from the MIG.

The Tribunal also held that the applicant was not entitled to further income replacement benefits, as the applicant failed to attend a scheduled assessment and the medical evidence did not support an inability to work.

The application was dismissed.