2 total
Applicant's injuries remain in MIG, but one treatment plan payable due to defective denial notice.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The adjudicator found that the applicant failed to meet the burden of proving that his physical or psychological injuries warranted removal from the MIG.
However, the adjudicator ordered the insurer to pay for a $2,300.00 neurological assessment because the insurer's denial notice failed to comply with s. 38(8) of the Schedule, as it relied on an Insurer Examination that only addressed physical rehabilitation.
The remaining treatment plans were dismissed.
Application for non-earner and medical benefits dismissed as applicant failed to prove complete inability.
The applicant sought statutory accident benefits, including a non-earner benefit and medical benefits for physiotherapy, following a minor rear-end motor vehicle accident.
The adjudicator found that the applicant failed to establish a complete inability to carry on a normal life, relying on the applicant's own statements to independent medical examiners regarding his post-accident activities.
The adjudicator also found no medical evidence of an ongoing physical impairment necessitating the claimed physiotherapy.
The application was dismissed in its entirety.
No co-appearing lawyers found.
No judges found.