2 total
Claim for assistive devices granted as reasonable and necessary; claim for chiropractic services denied.
The applicant sought medical and rehabilitation benefits under the Statutory Accident Benefits Schedule following a motor vehicle accident.
The adjudicator found the applicant was entitled to $1,070 for assistive devices, as they were reasonable and necessary to treat accident-related pain, despite the applicant's concurrent pregnancy.
Claims for a cast and crutches were dismissed as abandoned, and a claim for chiropractic services was dismissed because the applicant had several unexhausted approved treatment plans for similar physical therapies.
Interest was awarded on the overdue payment for the assistive devices.
Application for accident benefits dismissed as injuries were predominantly minor and subject to the $3,500 cap.
The applicant was injured in a motor vehicle accident and sought various medical and rehabilitation benefits.
The respondent denied the benefits, arguing the applicant's injuries were predominantly minor and subject to the $3,500 cap under the Statutory Accident Benefits Schedule.
The applicant argued that a pre-existing degenerative spine condition, diagnosed three years post-accident, entitled him to treatment beyond the cap.
The Tribunal preferred the evidence of an orthopaedic surgeon who concluded the applicant's continuing back problems were related to his pre-existing degenerative condition, not the accident.
The Tribunal found the applicant sustained predominantly minor injuries and dismissed the application for further benefits.
No co-appearing lawyers found.
No judges found.