2 total
Application allowed; applicant removed from MIG due to chronic pain and treatment plans approved.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer brought a preliminary issue seeking to stay the application because the applicant failed to attend a scheduled insurer's examination.
The Tribunal found the requested examination was duplicative and not reasonably necessary, and thus the applicant was not non-compliant.
On the substantive issues, the Tribunal removed the applicant from the Minor Injury Guideline on the basis of accident-related chronic pain with functional impairment.
The Tribunal also approved the disputed treatment plans for physiotherapy, a chronic pain assessment, a physiatry assessment, and a neurological assessment, finding them reasonable and necessary, and awarded interest on overdue payments.
Application for non-earner benefits dismissed as applicant failed to prove complete inability to carry on normal life.
The applicant sought a Non-Earner Benefit (NEB), interest, and an award under the Statutory Accident Benefits Schedule following a motor vehicle accident.
The Licence Appeal Tribunal found that the applicant failed to prove a complete inability to carry on a normal life, noting inconsistencies in his self-reports and a lack of evidence regarding his pre-accident activities.
The Tribunal preferred the respondent's insurer examination reports over the applicant's psychological assessments, which failed to review medical records or delineate the impact of multiple accidents.
The application was dismissed in its entirety.
No co-appearing lawyers found.
No judges found.