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Applicant removed from Minor Injury Guideline due to chronic pain; chronic pain assessment approved but physiotherapy denied.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the claims, arguing the injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant suffered from chronic pain, removing him from the MIG.
However, the Tribunal denied the claim for physiotherapy, finding it was not reasonable and necessary as previous identical treatment had not helped.
The Tribunal granted the claim for a chronic pain assessment, finding it reasonable and necessary to investigate the condition further.
Accident benefits claims dismissed due to lack of credibility and failure to provide required employment information.
The Applicant sought statutory accident benefits following two motor vehicle accidents in November 2009.
He claimed entitlement to housekeeping and home maintenance services, attendant care benefits, income replacement benefits, and various assessment expenses.
The arbitrator dismissed all claims, finding the Applicant's testimony lacked credibility and corroboration.
The arbitrator concluded the Applicant's impairment was a Grade II whiplash-associated disorder falling within the Pre-approved Framework Guideline, precluding attendant care benefits and limiting income replacement benefits.
Furthermore, the Applicant failed to provide reasonably required employment information, barring his claim for income replacement benefits under section 33 of the SABS.
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