2 total
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
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 should be removed from the MIG due to chronic pain, bursitis, and psychological impairments.
The Tribunal found the applicant failed to prove his injuries warranted removal from the MIG, noting his pain was improving, his bursitis was captured within the MIG definition, and his psychological symptoms did not constitute an impairment.
As the applicant remained within the MIG, the disputed treatment plans were not payable and the application was dismissed.
Application for accident benefits dismissed; applicant failed to prove inability to work or need for treatment.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to an income replacement benefit (IRB), chiropractic treatment plans, and an orthopaedic assessment.
The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove a substantial inability to perform his essential work tasks within 104 weeks of the accident, or a complete inability to work thereafter.
The Tribunal preferred the evidence of the insurer's examiners over the applicant's assessors, noting the lack of corroborating medical evidence for the applicant's claimed impairments.
The claims for treatment plans and assessments were also dismissed as the applicant failed to establish they were reasonable and necessary.
No co-appearing lawyers found.
No judges found.