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Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer determined the applicant's injuries fell within the Minor Injury Guideline (MIG) and denied several treatment plans.
The applicant applied to the Licence Appeal Tribunal, arguing he suffered from chronic pain and psychological impairments warranting removal from the MIG.
The Tribunal found the applicant's claims were unsupported by objective medical evidence and contradicted by social media evidence showing him engaging in strenuous physical activity and travel.
The Tribunal concluded the applicant failed to prove his injuries fell outside the MIG and dismissed the application for the disputed treatment plans and interest.
Insurer ordered to pay for assessments and a special award for unreasonably withholding benefits despite pre-existing conditions.
The applicant was injured in a motor vehicle accident and sought accident benefits, including an attendant care assessment and a psychological assessment.
The insurer initially denied the assessments on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and there was insufficient medical documentation.
The arbitrator found that the applicant had compelling pre-existing conditions, including a prior brain injury and psychiatric diagnoses, which took him outside the MIG.
The arbitrator held that the requested assessments were reasonable and necessary to determine the applicant's entitlement to benefits.
Furthermore, the arbitrator ordered the insurer to pay a special award of $1,083.42, finding that the insurer had unreasonably delayed and withheld payments despite having sufficient information about the pre-existing conditions early on.
No co-appearing lawyers found.
No judges found.