2 total
Applicant removed from MIG due to chronic pain but denied non-earner benefit.
The applicant sought statutory accident benefits following a single-vehicle accident.
The Tribunal found the applicant was not entitled to a non-earner benefit, as she failed to demonstrate a complete inability to carry on a normal life, noting her pre-existing conditions and lack of evidence showing a significant post-accident functional decline.
However, the Tribunal removed the applicant from the Minor Injury Guideline (MIG), finding she met the criteria for chronic pain and suffered an exacerbation of prior psychological impairments.
The Tribunal awarded $2,460.00 for a psychological assessment but denied a $3,805.69 claim for physiotherapy because the treatment plan was not submitted into evidence.
Application for accident benefits dismissed; applicant failed to prove chronic pain warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer determined her injuries fell within the Minor Injury Guideline (MIG) and denied a treatment plan for a chronic pain assessment.
The applicant argued she should be removed from the MIG due to chronic pain.
The Licence Appeal Tribunal applied the AMA Guides criteria and found the applicant failed to prove her pain adversely affected her well-being, noting she had returned to full-time work, resumed regular exercise, and did not use prescription pain medication.
The Tribunal concluded the injuries remained within the MIG and the proposed chronic pain assessment was not reasonable and necessary.
The application was dismissed.
No co-appearing lawyers found.
No judges found.