2 total
Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline funding limit.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy and chiropractic services.
The respondent denied the treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and she had exhausted the $3,500 funding limit.
The applicant argued her pre-existing back and shoulder conditions were exacerbated, precluding recovery within the MIG.
The Tribunal found no compelling evidence that the pre-existing conditions were exacerbated by the accident or prevented recovery.
The Tribunal preferred the insurer's medical examination report over the applicant's orthopaedic assessment, which was historically inaccurate.
The Tribunal concluded the applicant sustained a minor injury, had exhausted her MIG funding, and was not entitled to the disputed benefits or interest.
Income replacement benefits denied where ongoing impairments were caused by pre-existing conditions and a subsequent workplace injury.
The applicant sought income replacement benefits (IRBs) and the cost of examinations following a minor rear-end motor vehicle accident.
The respondent insurer terminated IRBs after the applicant returned to work, arguing that her subsequent periods off work were due to pre-existing conditions, a shortage of work, and a subsequent work-related injury.
The Tribunal applied the "but for" test for causation and found that the applicant's ongoing impairments were not caused by the accident.
The Tribunal noted significant credibility issues, as the applicant provided inaccurate histories to her medical assessors regarding her prior neck pain and subsequent workplace injury.
The Tribunal preferred the evidence of the respondent's experts and concluded the applicant did not meet the tests for substantial inability or complete inability to work.
The claims for IRBs, an accounting report, a special award, and costs were dismissed, though the applicant was awarded $200 for a disability certificate.
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