2 total
Application for statutory accident benefits dismissed as proposed treatment plans were not reasonable and necessary.
The applicant sought various statutory accident benefits following a motor vehicle accident, including treatment plans for chiropractic, massage, and physiotherapy, a social work assessment, an in-home assessment, transportation expenses, and the cost of a disability certificate.
The Licence Appeal Tribunal dismissed the application in its entirety.
The adjudicator found that the proposed treatment plans were not reasonable and necessary, preferring the evidence of the respondent's independent medical examiners who concluded that the applicant's soft tissue injuries had resolved and that further passive treatment was not warranted.
The transportation expenses were denied due to the 50-kilometre deductible, and the cost of the disability certificate was denied because it was not requested by the insurer or required under the Schedule.
Application for statutory accident benefits dismissed as applicant failed to prove entitlement to non-earner and medical benefits.
The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit and several medical and rehabilitation treatment plans.
The Licence Appeal Tribunal found that the applicant failed to meet the burden of proving a complete inability to carry on a normal life, noting a lack of detailed evidence regarding pre- and post-accident activities.
The Tribunal also dismissed the claims for medical benefits, preferring the respondent's orthopaedic assessment over the applicant's treating chiropractor, and finding the applicant's evidence insufficient to establish that the treatments were reasonable and necessary.
The application was dismissed in its entirety, and the applicant's request for costs was denied.
No co-appearing lawyers found.
No judges found.