2 total
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
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 for removal from the MIG based on chronic pain, post-concussion syndrome, and psychological impairments.
The Tribunal found the applicant failed to establish on a balance of probabilities that she suffered from any of these conditions, noting a lack of supporting medical evidence and preferring the respondent's expert reports.
The application for psychological services and interest was dismissed.
Applicant removed from MIG due to psychological injuries; social work assessment granted but physical treatments denied.
The insurer denied several treatment and assessment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant sustained psychological injuries, removing him from the MIG.
However, the Tribunal denied the physical therapy, chronic pain, and orthopaedic assessment plans due to a lack of contemporaneous evidence and failure to meet the criteria for chronic pain.
The Tribunal approved a social worker assessment plan as reasonable and necessary, awarding interest on that amount.
No co-appearing lawyers found.
No judges found.