2 total
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline limits.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied various treatment and assessment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The adjudicator found that the applicant's physical and psychological injuries were predominantly minor and that she failed to establish that pre-existing conditions or chronic pain warranted removal from the MIG.
As the $3,500 MIG limit had been exhausted, the disputed treatment plans were deemed not reasonable and necessary, and the application was dismissed.
Claims for housekeeping and ongoing medical expenses dismissed; partial costs for medical assessments awarded.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for housekeeping expenses, medical expenses for massage and chiropractic treatment, and the cost of two medical assessments.
The arbitrator found that the applicant was not substantially disabled from performing her pre-accident housekeeping duties and that the ongoing medical treatments were not reasonable or necessary, as they likely promoted abnormal illness behaviour.
The claims for housekeeping and medical expenses were dismissed.
The arbitrator allowed the cost of a disability certificate and half the cost of a psychological assessment, finding them reasonable.
No co-appearing lawyers found.
No judges found.