2 total
Application for accident benefits dismissed; applicant failed to prove substantial inability to perform pre-accident employment.
The applicant sought statutory accident benefits following a minor motor vehicle accident, including income replacement benefits (IRBs) and various medical benefits for physiotherapy, psychological, and chronic pain assessments.
The adjudicator dismissed the application in its entirety.
The adjudicator found that the applicant did not suffer a substantial inability to perform the essential tasks of her pre-accident employment, preferring the respondent's insurer's examination reports over the applicant's expert, who relied heavily on self-reporting and failed to review prior assessments.
The requested medical benefits were deemed not reasonable and necessary, as the evidence indicated the applicant's injuries fell within the Minor Injury Guidelines and she demonstrated the ability to perform her pre-accident duties and activities of daily living.
Claims for physiotherapy and functional abilities evaluation dismissed as applicant reached maximum medical recovery.
The applicant sought statutory accident benefits for physiotherapy treatment and a functional abilities evaluation following a motor vehicle accident.
The Licence Appeal Tribunal found that the applicant had reached maximum medical recovery, as her self-reported pain had not improved with previous treatments.
The Tribunal also found that the applicant had returned to her pre-accident employment and was functional, rendering the functional abilities evaluation unnecessary.
The claims for medical benefits, cost of examination, an award, and interest were dismissed.
No co-appearing lawyers found.
No judges found.