5 total
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the MIG.
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 pre-existing right knee and psychological conditions, as well as accident-related psychological impairments.
The Tribunal found the applicant failed to prove her pre-existing conditions precluded recovery within the MIG or that she suffered an accident-related psychological impairment, noting a lack of corroborating clinical notes from her family doctor.
The application was dismissed.
Application for accident benefits dismissed as applicant failed to prove treatment plans were reasonable and necessary.
The Applicant sought entitlement to statutory accident benefits for chiropractic services and a psychological assessment following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application, finding that the Applicant failed to meet the onus of establishing that the proposed treatment plans were reasonable and necessary.
The Tribunal noted that the Applicant relied solely on the OCF-18 forms and self-reporting without providing sufficient medical evidence or explaining how the treatment goals would be met.
Claims for an award and interest were also dismissed.
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant argued she should be removed from the MIG due to psychological impairments and pre-existing conditions.
The Tribunal found the applicant did not prove on a balance of probabilities that she suffered from a psychological condition or a pre-existing medical condition that would warrant removal from the MIG.
The Tribunal also found the respondent's denial notices were compliant with s. 38(8) of the Schedule, except for one which was late but still provided sufficient reasons.
The application was dismissed, and no interest or award was granted.
Application for non-earner benefits and removal from the Minor Injury Guideline dismissed.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to a non-earner benefit, removal from the Minor Injury Guideline (MIG), and funding for chiropractic and psychological treatment plans.
The Tribunal found that the applicant did not suffer a complete inability to carry on a normal life, preferring the respondent's multidisciplinary medical assessments over the applicant's evidence.
The Tribunal also concluded that the applicant failed to establish a psychological impairment warranting removal from the MIG.
As the applicant remained subject to the MIG and the limits were exhausted, the disputed treatment plans were not payable, and the application was dismissed.
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The respondent denied several treatment and assessment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The applicant argued for removal from the MIG due to post-concussion syndrome, pre-existing scoliosis, and psychological injuries.
The Tribunal found that the applicant did not sustain a concussion or psychological injury warranting removal, and failed to provide compelling medical evidence that her pre-existing conditions precluded recovery within the MIG.
The Tribunal also found the respondent's denial notices were compliant with the Schedule.
No co-appearing lawyers found.
No judges found.