2 total
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought medical and rehabilitation benefits following a motor vehicle accident, which the respondent insurer denied on the basis that the injuries fell within the Minor Injury Guideline (MIG).
The applicant argued her physical injuries, chronic pain, and psychological impairments warranted removal from the MIG.
The Tribunal found the applicant's physical injuries were soft-tissue in nature and she failed to provide a medical diagnosis of chronic pain.
The Tribunal preferred the respondent's psychological assessment over the applicant's, finding no clinically significant accident-related psychological impairment.
The application was dismissed, and the disputed treatment plans were found not reasonable and necessary.
Functional ability evaluation and chronic pain assessment granted; other treatment plans denied for lack of objective evidence.
The applicant was injured in a motor vehicle accident and sought various medical benefits and assessments under the Statutory Accident Benefits Schedule.
The insurer denied the treatment plans.
The Tribunal found that the functional ability evaluation and chronic pain assessment were reasonable and necessary, given the applicant's consistent pain complaints and the persuasive report of a chronic pain specialist.
However, the claims for chiropractic treatment, a neuropsychological assessment, and an orthopaedic assessment were dismissed for lack of supporting objective medical evidence.
No co-appearing lawyers found.
No judges found.