2 total
Application for non-earner benefits dismissed; applicant ordered to pay $100 in costs for unreasonable conduct.
The self-represented applicant sought a non-earner benefit following a motor vehicle accident.
At the hearing, the Tribunal denied the applicant's oral request for an adjournment, finding she had not taken reasonable steps to secure new counsel.
The Tribunal also denied the respondent's motion to dismiss the application as abandoned.
On the merits, the Tribunal found the applicant failed to prove she suffered a complete inability to carry on a normal life, preferring the respondent's multidisciplinary assessments over the applicant's oral testimony and unsupported claims.
The application was dismissed, and the applicant was ordered to pay $100 in costs for her unreasonable conduct and failure to comply with Tribunal orders.
Applicant's pre-existing conditions and chronic pain diagnosis remove her injuries from the Minor Injury Guideline.
The applicant sought medical and rehabilitation benefits following a motor vehicle accident.
The insurer denied the claims, arguing the injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's pre-existing conditions, including knee osteoarthritis and abdominal issues, as well as a post-accident chronic pain diagnosis, removed her from the MIG.
The Tribunal ordered the insurer to pay for multiple treatment plans and a chronic pain assessment, finding them reasonable and necessary, but denied the cost of a medical bracelet and the applicant's request for costs.
No co-appearing lawyers found.
No judges found.