2 total
Application for non-earner and medical benefits dismissed due to surveillance evidence contradicting self-reported limitations.
The applicant sought statutory accident benefits, including non-earner benefits and medical benefits for physiotherapy, following a motor vehicle accident.
The insurer denied the claims based on insurer's examinations and surveillance evidence showing the applicant working at a nail salon, which contradicted her self-reported limitations.
The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove a complete inability to carry on a normal life and that further physiotherapy was not reasonable and necessary.
Claims for an award and interest were also dismissed.
Applicant's injuries found to be predominantly minor; claim for treatment plan beyond MIG limit dismissed.
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 argued he suffered from chronic pain and had a pre-existing condition that precluded his recovery within the MIG.
The Tribunal found that the applicant failed to establish chronic pain or a pre-existing condition on a balance of probabilities.
The Tribunal concluded the applicant's injuries were predominantly minor and subject to the $3,500 MIG limit.
The application for a treatment plan, an award, interest, and costs was dismissed.
No co-appearing lawyers found.
No judges found.