2 total
Application for accident benefits dismissed as res judicata barred relitigating the Minor Injury Guideline determination.
The applicant sought various medical and rehabilitation benefits following a motor vehicle accident.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the doctrine of res judicata applied, as a previous Tribunal decision had already determined the applicant's injuries were minor.
The applicant failed to provide fresh evidence that would conclusively impeach the original results or demonstrate a deterioration in his condition.
Consequently, the application for benefits, an award, and interest was dismissed.
The respondent's request for costs was also denied.
Applicant awarded initial physiotherapy and one attendant care assessment; claims for IRBs and ongoing treatment dismissed.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits (IRBs), medical benefits for physiotherapy, and the cost of attendant care assessments.
The Licence Appeal Tribunal dismissed the claim for IRBs, finding no evidence of a substantial inability to perform the essential tasks of employment.
The Tribunal granted the cost of the initial physiotherapy treatment plan incurred during the acute phase of recovery, but denied subsequent plans as the applicant had reached maximum medical recovery from minor soft tissue injuries.
The Tribunal also awarded the cost of a single attendant care assessment, rejecting a retroactive assessment as meaningless and duplicative.
No co-appearing lawyers found.
No judges found.