5 total
Applicant failed to prove injuries warranted removal from the Minor Injury Guideline; treatment plans denied.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing that his psychological impairments and concussion warranted removal from the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant failed to provide sufficient medical evidence to establish accident-related impairments outside the MIG.
The Tribunal gave little weight to the applicant's expert reports, noting that a chiropractor diagnosed psychological conditions outside his scope of practice and the psychological report lacked contemporaneous medical support.
As the applicant remained within the MIG, the disputed treatment plans and interest were denied.
Application for accident benefits dismissed; applicant failed to prove psychological condition warranting removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant claimed she suffered from a psychological condition warranting removal from the MIG.
The Tribunal found the applicant failed to prove a psychological condition, noting inconsistencies between her self-reporting to assessors and her treatment providers, and placing little weight on a psychological report of unknown authorship.
The Tribunal concluded the injuries were predominantly minor, subject to the MIG, and dismissed the application for the disputed treatment plan and interest.
Application for accident benefits dismissed as injuries fell within the exhausted Minor Injury Guideline limits.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The Tribunal found that the applicant failed to establish a fundamental psychological or chronic pain impairment that would remove him from the MIG.
Relying on insurer examinations, the Tribunal concluded the applicant's distress was related to a loss of independence rather than accident-related psychological issues.
As the MIG limits were exhausted, the claims for treatment plans and interest were dismissed.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline and limits were exhausted.
The Tribunal found that the applicant failed to establish that she suffered from chronic pain, neurological/cognitive deficits, or psychological impairments caused by the accident that would warrant removal from the MIG.
As the $3,500 MIG limit had already been exhausted, the Tribunal dismissed the claims for additional psychological and physiotherapy treatment plans, as well as the claim for interest.
Claims for caregiver and housekeeping benefits dismissed due to unreliable evidence and failure to prove primary caregiver status.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits for caregiver services, housekeeping expenses, and the costs of various medical assessments.
The arbitrator found that the applicant was not the primary caregiver for his nephew's children prior to the accident, and that the invoices submitted for both caregiver and housekeeping expenses were unreliable and failed to establish the amounts claimed.
The claims for caregiver and housekeeping benefits were dismissed.
The arbitrator awarded the costs of a functional abilities evaluation and a reduced amount for an in-home assessment, but denied funding for neurological and orthopaedic assessments as they were not reasonably required.
No co-appearing lawyers found.
No judges found.