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 sought removal from the MIG on the basis of physical injuries, chronic pain, and psychological conditions.
The Tribunal found that the applicant's physical injuries were soft tissue in nature and that the medical evidence did not support a diagnosis of chronic pain or a psychological condition caused by the accident.
The application was dismissed, and the applicant was not entitled to the disputed treatment plans, an award, or interest.
Insured entitled to closed period of non-earner benefits; insurer failed to prove lack of consent exclusion.
The applicant sought statutory accident benefits following a motor vehicle accident where he was a passenger in a vehicle that struck a pole, resulting in a traumatic brain injury.
The respondent denied benefits, arguing the applicant was excluded under s. 31(1)(c) of the Schedule because he knew or ought to have known the driver lacked the owner's consent.
The Tribunal found the respondent failed to meet its burden to prove the exclusion applied.
The Tribunal awarded the applicant a non-earner benefit for a closed period, finding he suffered a complete inability to carry on a normal life until October 2020.
Claims for housekeeping benefits, a physiotherapy treatment plan, and a special award were dismissed.
No co-appearing lawyers found.
No judges found.