3 total
Non-earner benefit denied; applicant's inability to carry on a normal life was caused by terminal cancer, not the accident.
The applicant's estate sought a non-earner benefit following a motor vehicle accident.
Prior to the accident, the applicant had been diagnosed with progressive, metastatic breast cancer and chronic renal failure.
The Tribunal dismissed the application, finding that the applicant's impairments and declining ability to lead a normal life were caused by her terminal cancer rather than the soft-tissue injuries sustained in the accident.
The Tribunal concluded the applicant did not suffer a complete inability to carry on a normal life as a result of the accident.
Claims for interest and costs were also dismissed.
Applicant's psychological injury removed her from the Minor Injury Guideline, entitling her to a psychological assessment.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The insurer determined her injuries fell within the Minor Injury Guideline (MIG) and denied certain medical and non-earner benefits.
The Tribunal found that the applicant sustained a psychological injury (Adjustment Disorder) that removed her from the MIG, entitling her to funding for a psychological assessment.
However, the applicant failed to prove entitlement to further physiotherapy, non-earner benefits, or an award for unreasonable delay.
Claim for attendant care assessment dismissed as applicant failed to prove it was reasonable and necessary.
The applicant was injured in a motor vehicle accident and sought $2,200 for an attendant care assessment under the Statutory Accident Benefits Schedule.
The Licence Appeal Tribunal dismissed the claim, finding the applicant's occupational therapy report unpersuasive due to its reliance on self-reporting and internal contradictions.
The Tribunal preferred the respondent's insurer's examination report, which was based on objective testing and concluded the applicant was independent with her personal care tasks.
As no benefits were payable, the claim for interest was also dismissed.
No co-appearing lawyers found.
No judges found.