2 total
Application for accident benefits largely dismissed; one chiropractic treatment plan approved for pain reduction.
The applicant sought statutory accident benefits following two motor vehicle accidents in 2017 and 2019.
The Licence Appeal Tribunal found that the applicant failed to prove her psychological impairments were caused by the accidents, attributing her symptoms to personal and financial stressors.
Claims for income replacement benefits, attendant care benefits, and most medical benefits were dismissed, as the applicant had returned to work and independent medical examinations showed she did not require the claimed assistance.
The Tribunal granted one treatment plan for chiropractic services related to the 2019 accident, finding it reasonable and necessary for pain reduction.
The claim for a section 10 award was dismissed.
Application for removal from the Minor Injury Guideline dismissed due to lack of compelling medical evidence.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer denied a treatment plan for a psychological assessment, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on pre-existing back and hip issues and a post-accident psychological injury.
The Tribunal found no compelling medical evidence that the pre-existing conditions would preclude maximal medical recovery under the MIG.
Furthermore, the Tribunal preferred the respondent's psychological assessment, finding the applicant's self-reporting did not support a psychological impairment.
The application was dismissed, and the applicant's injuries were deemed subject to the MIG limit.
No co-appearing lawyers found.
No judges found.