2 total
Applicant denied non-earner benefits but awarded partial medical benefits for chiropractic and psychological assessments.
The applicant was injured in a rear-end motor vehicle accident and sought non-earner benefits (NEBs) and various medical benefits from the respondent insurer.
The Tribunal found the applicant did not meet the test for a complete inability to carry on a normal life, as medical evidence and independent examinations showed she remained generally functional.
The Tribunal denied NEBs and several treatment plans, but granted entitlement to one chiropractic treatment plan and the full cost of a psychological assessment, finding them reasonable and necessary.
Interest was awarded on the overdue payments for the approved plans.
Application for accident benefits dismissed; injuries found to be minor and subject to the $3,500 limit.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The respondent insurer determined the injuries fell within the Minor Injury Guideline (MIG) and denied several treatment and assessment plans.
The applicant applied to the Licence Appeal Tribunal, arguing that chronic back pain and psychological injuries removed him from the MIG.
The Tribunal found that the applicant's physical injuries were predominantly soft tissue sprains and strains, and there was no compelling evidence of significant functional impairment or psychological injury.
The Tribunal also found the respondent provided sufficient medical reasons for its denials.
Consequently, the applicant's injuries were deemed minor, subject to the $3,500 funding limit, and the disputed treatment plans, interest, and award claims were dismissed.
No linked lawyers found.
No linked judges found.
