3 total
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline limits.
The applicant sought statutory accident benefits following a motor vehicle accident.
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 applicant argued for removal from the MIG due to a pre-existing back condition, chronic pain, and psychological impairments.
The Tribunal found the applicant failed to provide compelling evidence of a pre-existing condition precluding recovery within the MIG, largely due to non-compliance with production orders.
The Tribunal also preferred the respondent's in-person medical assessments over the applicant's virtual assessments, concluding the applicant did not suffer from chronic pain or a psychological impairment caused by the accident.
The application was dismissed.
Application for accident benefits dismissed; injuries found to be predominantly minor and subject to MIG limits.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that his injuries fell within the Minor Injury Guideline (MIG).
The applicant claimed to suffer from chronic pain and psychological impairments requiring treatment beyond the $3,500 MIG limit.
The Tribunal found that the applicant's injuries were predominantly minor soft tissue injuries, relying on the insurer's examination reports which were consistent with the treating physician's records.
As the MIG limits were exhausted, the disputed treatment plans were not payable, and claims for interest and a section 10 award were dismissed.
Application for non-earner benefits dismissed; applicant failed to prove complete inability to carry on normal life.
The applicant sought a non-earner benefit and interest following a motor vehicle accident.
The respondent denied the benefits on the basis that the applicant did not suffer a complete inability to carry on a normal life.
The Tribunal applied the Heath framework and found that the applicant had resumed substantially all pre-accident activities, including graduating from his MBA program and managing activities of daily living independently.
The application was dismissed as the applicant failed to demonstrate a complete inability to carry on a normal life.
No co-appearing lawyers found.
No judges found.