2 total
Application for statutory accident benefits dismissed due to credibility issues regarding a pre-existing knee impairment.
The applicant sought statutory accident benefits following a motor vehicle accident, including attendant care benefits, occupational therapy, a home modification assessment, and psychological services.
The Licence Appeal Tribunal dismissed the application in its entirety.
The Tribunal found the applicant's credibility was significantly impacted by his failure to disclose a pre-existing right knee impairment to assessors.
Surveillance evidence and inconsistent self-reports further undermined his claims for attendant care and occupational therapy.
The Tribunal also found the applicant had not utilized previously approved psychological treatment, failing to prove the necessity of additional sessions.
Claims for interest and a special award were consequently dismissed.
Application for catastrophic impairment designation dismissed; applicant did not meet the GOSE threshold.
The applicant sought a determination that she was catastrophically impaired due to a traumatic brain injury sustained in a motor vehicle accident.
The central issue was whether she met the threshold under the Glasgow Outcome Scale Extended (GOSE) structured interview.
The tribunal found that the applicant's assessors took an overly specific view of the GOSE questionnaire, while the respondent's assessors correctly applied a more generalized approach.
The tribunal also held that under section 45(2) of the Schedule, an occupational therapist cannot complete the GOSE questionnaire for catastrophic determination.
The tribunal concluded that the applicant did not meet the required criteria and dismissed the application.
No co-appearing lawyers found.
No judges found.