2 total
Application for catastrophic impairment and accident benefits dismissed as applicant failed to meet 55% WPI threshold.
The applicant sought a determination of catastrophic impairment and entitlement to income replacement benefits (IRB), attendant care benefits (ACB), and various treatment plans following a 2018 motor vehicle accident.
The Tribunal found the applicant did not meet the 55% whole person impairment threshold under Criterion 7, concluding his combined physical and mental impairment rating was 40%.
The Tribunal also found the applicant failed to prove a complete inability to engage in suitable employment, dismissing the claim for post-104-week IRB.
As the applicant was not catastrophically impaired and had exhausted non-catastrophic limits, the claims for ACB and treatment plans were also dismissed.
Applicant removed from MIG due to psychological injuries; social work assessment granted but physical treatments denied.
The applicant sought statutory accident benefits following a motor vehicle accident.
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.