2 total
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant claimed chronic pain and psychological impairments warranted removal from the MIG.
The Tribunal found the applicant's medical evidence, consisting of a single clinical note and a disability certificate, insufficient to prove impairments outside the MIG.
The Tribunal accepted the respondent's section 44 assessments, which found no impairments warranting removal.
The application was dismissed, and the applicant remained subject to the MIG limits.
Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and IRB test not met.
The applicant was involved in a motor vehicle accident and sought statutory accident benefits, including a medical benefit for psychological services and income replacement benefits (IRBs).
The respondent insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant did not suffer from a chronic pain condition or psychological impairment caused by the accident, and therefore her injuries were subject to the MIG and its $3,500 funding limit.
Consequently, the claim for psychological services was dismissed.
The Tribunal also found that the applicant did not suffer a substantial inability to complete the essential tasks of her pre-accident employment as a warehouse packager, dismissing her claim for IRBs and interest.
No co-appearing lawyers found.
No judges found.