2 total
Tribunal approves chronic pain and physiatry assessments but denies psychological and functional evaluations.
The applicant sought various medical assessments following a 2010 motor vehicle accident.
The respondent insurer denied the assessments.
The Licence Appeal Tribunal found that the chronic pain and physiatry assessments were reasonably required due to consistent medical evidence of ongoing ankle pain and the risk of progressive osteoarthritis.
However, the Tribunal dismissed the claims for work site, psychological, attendant care, and function and impairment assessments, finding insufficient evidence to support their necessity, particularly given the applicant's independence in self-care and lack of documented psychological symptoms prior to 2014.
Interest was awarded on the overdue payments for the approved assessments.
Claims for additional medical benefits dismissed as applicant's injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied funding for additional chiropractic treatments and assessments beyond the $3,500 Minor Injury Guideline (MIG) limit.
The Licence Appeal Tribunal found that the applicant's physical and psychological injuries fell within the MIG.
The Tribunal preferred the evidence of the insurer's medical experts, who provided extensive reports based on testing, over the applicant's practitioners, who failed to provide details of testing or lacked appropriate accreditation.
As the applicant had already exhausted the MIG funding limit, the claims for additional medical benefits and interest were dismissed.
No co-appearing lawyers found.
No judges found.