3 total
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to a non-earner benefit and a physiotherapy treatment plan outside the Minor Injury Guideline (MIG).
The respondent denied the benefits.
The Tribunal found that the applicant failed to prove her soft tissue injuries warranted removal from the MIG, noting she had returned to her pre-accident activities in a reduced capacity.
The Tribunal also dismissed the claim for a non-earner benefit, finding no complete inability to carry on a normal life.
The application was dismissed.
Accident benefits claim dismissed; applicant failed to prove chronic pain or psychological impairments warranted MIG removal.
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 she should be removed from the MIG due to chronic pain with functional impairment and psychological impairments.
The Tribunal found the applicant did not meet her burden to prove her injuries fell outside the MIG, noting inconsistencies in her expert reports and a lack of documented functional impairment in her primary care records.
As the MIG applied, the disputed treatment plans were not payable.
Claims for interest, a special award, and costs were also dismissed.
Application for accident benefits dismissed; applicant not entitled to IRBs and remains within the MIG.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits (IRBs) and removal from the Minor Injury Guideline (MIG) due to chronic pain and pre-existing conditions.
The Tribunal found that the applicant's pre-accident role as a religious school organizer was administrative and his soft tissue injuries did not cause a substantial inability to perform his essential tasks, denying the IRB claim.
Furthermore, the Tribunal held that the applicant failed to prove a pre-existing condition or chronic pain syndrome with functional impairment that would warrant removal from the MIG.
The application was dismissed, and the applicant was limited to the $3,500 MIG treatment cap.
No co-appearing lawyers found.
No judges found.