2 total
Non-earner benefit denied as applicant maintained most pre-accident activities; physiotherapy treatment plan approved.
The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit and several treatment plans for physiotherapy, psychological services, and assessments.
The Licence Appeal Tribunal denied the non-earner benefit, finding the applicant did not suffer a complete inability to carry on a normal life, as he continued to engage in most pre-accident activities with only reduced frequency.
The Tribunal approved a physiotherapy treatment plan for $3,651.22, finding it reasonable and necessary for the applicant's soft-tissue injuries.
However, the Tribunal denied the psychological treatment and assessment plans, preferring the respondent's expert evidence that the applicant suffered only psychological sequelae and did not require treatment.
A chronic pain assessment was also denied.
A claim for a section 10 award was dismissed for failure to provide particulars.
Interest was awarded on the overdue physiotherapy benefits.
Application for non-earner benefits dismissed as applicant failed to prove complete inability to carry on normal life.
The applicant sought non-earner benefits and interest following a motor vehicle accident.
The Licence Appeal Tribunal applied the Heath test to determine if the applicant suffered a complete inability to carry on a normal life.
While the Tribunal accepted that the applicant's injuries prevented him from continuing his pre-accident employment and impacted his housekeeping duties, it found that his personal care tasks were not sufficiently affected.
The Tribunal concluded the applicant failed to meet the high threshold for non-earner benefits.
The application was dismissed.
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