3 total
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing her injuries fell outside the Minor Injury Guideline (MIG) due to chronic pain and psychological impairments.
The Licence Appeal Tribunal found the applicant did not meet her burden to prove a functional impairment from chronic pain or a psychological impairment, placing weight on the respondent's independent medical and psychological evaluations which included objective testing.
As the applicant remained subject to the MIG, her claims for various treatment plans, interest, and an award for unreasonable delay were dismissed.
Applicant removed from Minor Injury Guideline for psychological impairments; 30% award granted for unreasonable denial.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant suffered from accident-related psychological impairments and chronic pain, warranting removal from the MIG.
The Tribunal ordered the respondent to pay for a psychological assessment and psychological treatment, finding them reasonable and necessary.
Furthermore, the Tribunal awarded a 30% penalty under section 10 of Regulation 664, concluding that the respondent unreasonably withheld payment by ignoring documented psychological impairments and failing to reconsider its position when new medical evidence became available.
The applicant sought removal from the Minor Injury Guideline (MIG) and payment for a psychological assessment and a functional abilities evaluation following a motor vehicle accident.
The applicant argued that psychological impairments and chronic pain warranted removal from the MIG.
The Tribunal found that the applicant failed to provide sufficient evidence of a psychological impairment or chronic pain syndrome, preferring the respondent's section 44 insurer examination reports which concluded the applicant suffered only minor sprains and strains.
The application was dismissed, and the applicant was held to the $3,500 MIG limit.
No co-appearing lawyers found.
No judges found.