4 total
Application for accident benefits dismissed; applicant subject to MIG and partially barred by limitation period.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
As a preliminary issue, the Tribunal found the applicant was barred from disputing three treatment plans because the application was filed beyond the two-year limitation period and no grounds for an extension were established.
On the substantive issues, the Tribunal held that the applicant's injuries were predominantly minor.
The applicant failed to establish chronic pain or a psychological condition that would warrant removal from the MIG, noting long gaps in medical records and a lack of corroborating evidence.
Because the applicant was subject to the MIG, the Tribunal declined to analyze whether the remaining treatment plans were reasonable and necessary.
The application was dismissed.
Applicant removed from MIG due to psychological impairments; treatment plans approved but special award denied.
The insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's psychological impairments, including anxiety and sleep disturbances, removed her from the MIG.
The Tribunal ordered the insurer to pay for a physiotherapy treatment plan and a psychological assessment, finding both reasonable and necessary.
The applicant's requests for a special award and costs due to the insurer's late disclosure of documents were denied, as the conduct did not meet the high threshold for unreasonableness or bad faith.
Application for chiropractic and physiotherapy benefits dismissed as treatments were not reasonable and necessary.
The applicant sought medical benefits for chiropractic and physiotherapy treatments following a motor vehicle accident.
The respondent denied the treatment plans on the basis that the applicant had reached maximum medical improvement from her soft tissue injuries.
The Tribunal found that the applicant's self-reports of chronic pain were not compelling and that the treatment plans were not reasonable and necessary.
The application was dismissed and no benefits or interest were awarded.
Applicant removed from MIG for psychological injury but denied IRBs due to pre-accident resignation.
The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement benefits (IRBs), removal from the Minor Injury Guideline (MIG), and various medical and rehabilitation benefits.
The Tribunal found the applicant was not entitled to IRBs because he had quit his job prior to the accident and did not qualify for Employment Insurance due to misreporting income.
The Tribunal removed the applicant from the MIG based on psychological impairments identified by both the applicant's and respondent's assessors.
However, the Tribunal denied the claims for chiropractic, massage, and acupuncture treatment, as well as an x-ray, finding them not reasonable and necessary or barred by timing rules.
The claim for a psychological assessment was granted.
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