2 total
Accident benefits claim dismissed; injuries fell within Minor Injury Guideline and non-earner benefit criteria unmet.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's determination that his injuries fell within the Minor Injury Guideline (MIG).
The applicant argued he suffered from chronic pain and an adjustment disorder, relying on brief reports from his treating physicians.
The Tribunal preferred the detailed reports of the respondent's medical assessors, finding insufficient evidence of chronic pain or psychological impairment.
The Tribunal concluded the injuries were predominantly minor and subject to the MIG limit.
As the applicant had exhausted the MIG limit, the disputed treatment plans were denied.
The Tribunal also dismissed the claim for a non-earner benefit, finding the applicant returned to full-time work shortly after the accident and did not suffer a complete inability to carry on a normal life.
Application for non-earner and medical benefits dismissed as applicant failed to prove complete inability.
The applicant, who has a pre-existing diagnosis of autism, sought statutory accident benefits following a motor vehicle accident.
She claimed entitlement to a non-earner benefit, various medical benefits including occupational therapy, physical therapy, and a chronic pain assessment, as well as an award and interest.
The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to establish a complete inability to carry on a normal life, as there was insufficient evidence comparing her pre- and post-accident activities.
The Tribunal preferred the respondent's expert evidence, which indicated no objective ongoing accident-related impairments and found the disputed treatment plans were either duplicative or not reasonable and necessary.
No co-appearing lawyers found.
No judges found.