Dr. J. Rusen

The applicant sought statutory accident benefits following a motor vehicle accident, arguing her injuries warranted removal from the Minor Injury Guideline (MIG) due to psychological impairments and chronic pain.

The Licence Appeal Tribunal found that the applicant sustained predominantly minor soft tissue injuries.

The Tribunal preferred the respondent's insurer examination reports, finding insufficient evidence of a psychological impairment or chronic pain meeting the AMA Guides criteria.

The applicant's injuries were deemed subject to the $3,500 MIG limit, and the application for additional treatment plans was dismissed.

The applicant sought statutory accident benefits for occupational therapy and assistive devices following a 2016 motor vehicle accident.

The respondent insurer denied the treatment plans.

The Licence Appeal Tribunal found that while the applicant continued to suffer impairments from the exacerbation of pre-existing degenerative disc disease, she failed to prove that the proposed occupational therapy and assistive devices were reasonable and necessary.

The adjudicator relied on the respondent's occupational therapy assessment, which concluded the applicant could perform self-care and had returned to work without the devices.

The application was dismissed.