3 total
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
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 argued for removal from the MIG based on chronic pain, psychological impairment, and pre-existing conditions (degenerative disc disease, scoliosis, and kyphosis).
The Tribunal found that the applicant failed to prove on a balance of probabilities that he suffered from chronic pain or a psychological impairment caused by the accident.
The Tribunal also found no compelling evidence that his pre-existing conditions prevented his recovery within the MIG limits.
The application for disputed treatment plans and interest was dismissed.
Applicant removed from Minor Injury Guideline based on psychological injuries; psychological treatment plans approved.
The Applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied benefits, arguing the Applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that while the Applicant's physical injuries did not warrant removal from the MIG, his psychological injuries, specifically an adjustment disorder, did justify removal.
The Tribunal approved two treatment plans for psychological services as reasonable and necessary, but denied a treatment plan for chiropractic services.
Interest was awarded on the overdue psychological benefits.
Applicant removed from Minor Injury Guideline due to psychological impairment; partial treatment benefits awarded.
The respondent insurer denied various medical and rehabilitation benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant sustained a psychological impairment (moderate depressive episode and adjustment disorder with anxiety) that warranted removal from the MIG.
The Tribunal preferred the evidence of the applicant's psychologist over the insurer's expert.
The Tribunal awarded funding for a psychological assessment, initial chiropractic treatment, and psychological treatment at a reduced hourly rate for unregulated providers.
Subsequent chiropractic treatment plans were denied as the applicant had plateaued in recovery.
No co-appearing lawyers found.
No judges found.