2 total
Application for statutory accident benefits dismissed; applicant failed to meet employment threshold for income replacement benefits.
The Applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits (IRBs), various medical benefits for treatment and assessment plans, an award, and interest.
The Licence Appeal Tribunal dismissed the application.
The adjudicator found that the Applicant failed to meet the minimum employment threshold to qualify for IRBs, as there was insufficient evidence she was employed at the time of the accident or for 26 of the 52 weeks preceding it.
Furthermore, the disputed treatment and assessment plans were deemed not reasonable and necessary, as they were unsupported by compelling medical evidence.
Claims for an award and interest were also dismissed.
Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and IRB claim unsupported.
The applicant sought medical benefits, costs of examinations, and income replacement benefits following a motor vehicle accident.
The respondent denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and that the applicant failed to attend a section 44 assessment.
The Tribunal found that the applicant's pre-existing knee injury was not exacerbated by the accident and that the applicant did not suffer a psychological injury warranting removal from the MIG.
The Tribunal also held that the applicant was not entitled to further income replacement benefits, as the applicant failed to attend a scheduled assessment and the medical evidence did not support an inability to work.
The application was dismissed.
No co-appearing lawyers found.
No judges found.