5 total
Applicant removed from Minor Injury Guideline due to chronic pain and awarded income replacement benefits.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including an income replacement benefit (IRB) and funding for assessments.
The insurer denied the benefits, arguing the applicant suffered predominantly minor injuries.
The Licence Appeal Tribunal found that the applicant suffered from chronic pain causing functional impairment, removing her from the Minor Injury Guideline and entitling her to $65,000 in medical and rehabilitation benefits.
The Tribunal awarded the IRB and the cost of a chronic pain assessment, but denied funding for a psychological assessment and a special award for unreasonable delay.
Applicant removed from Minor Injury Guideline due to chronic pain syndrome but denied non-earner benefit.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The insurer denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant suffers from chronic pain syndrome, removing him from the MIG and entitling him to $65,000 in medical and rehabilitation benefits.
However, the Tribunal dismissed the claim for a non-earner benefit, finding the applicant did not suffer a complete inability to carry on a normal life.
The Tribunal also denied the proposed chiropractic and massage therapy services but granted the cost of a chronic pain assessment.
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought various medical and assessment benefits following a motor vehicle accident, arguing her chronic pain and psychological impairments warranted removal from the Minor Injury Guideline (MIG).
The Tribunal preferred the evidence of the respondent's assessors, finding the applicant's injuries were predominantly minor and did not cause sufficient functional impairment to justify removal from the MIG.
The Tribunal noted the applicant's experts failed to account for subsequent motor vehicle accidents and relied heavily on self-reporting without objective testing.
As the applicant's injuries fell within the MIG and the $3,500 limit had been exhausted, the disputed treatment plans were not payable.
Claims for an award and interest were also dismissed.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied medical benefits beyond the $3,500 Minor Injury Guideline limit and denied a non-earner benefit.
The Licence Appeal Tribunal found that the applicant failed to prove her injuries extended beyond predominantly minor soft tissue injuries, rejecting her claims of chronic pain and psychological impairment due to insufficient objective medical evidence.
The Tribunal also dismissed the claim for a non-earner benefit, finding no evidence that the applicant suffered a complete inability to carry on a normal life.
All claims, including a request for an award for unreasonable delay, were dismissed.
Application for medical benefits dismissed; injuries fell within the Minor Injury Guideline funding limit.
The applicant was injured in a motor vehicle accident and sought medical benefits for psychological and chiropractic treatment.
The respondent insurer denied the treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 funding limit had been exhausted.
The applicant argued that pre-existing conditions, chronic pain syndrome, and an adjustment disorder warranted removal from the MIG.
The Tribunal found insufficient evidence to support diagnoses of chronic pain or a psychological injury that would preclude recovery within the MIG, noting the applicant's return to full-time work.
The Tribunal concluded the injuries were minor and dismissed the claims for treatment plans and interest.
No co-appearing lawyers found.
No judges found.