2 total
Tribunal awards dietician and physiotherapy benefits, finding accident-related weight gain hindered the applicant's recovery.
The applicant sought statutory accident benefits following a motor vehicle accident, specifically claiming for dietician services, rehabilitation support worker services, and physiotherapy.
The insurer denied the benefits based on an insurer's examination concluding the applicant had reached maximum medical improvement.
The Licence Appeal Tribunal found the insurer's medical evidence flawed and accepted the applicant's evidence that accident-related weight gain was a barrier to recovery, granting the dietician and physiotherapy claims.
The claim for a rehabilitation support worker was dismissed as the proposed services were not clearly linked to the expert's recommendations.
Application for accident benefits dismissed; applicant failed to prove pre-existing condition prevented recovery within minor injury limits.
The applicant sought medical and rehabilitation benefits following a motor vehicle accident.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The applicant argued she was exempt from the MIG due to chronic pain and a pre-existing condition of sciatica.
The Tribunal found insufficient evidence of chronic pain and concluded that the applicant failed to prove her pre-existing sciatica prevented her from achieving maximal recovery within the minor injury limits.
The application for benefits, interest, and a special award was dismissed.
No co-appearing lawyers found.
No judges found.