Larisa Levitas

The applicant sought statutory accident benefits following a motor vehicle accident, claiming her psychological injuries and chronic pain warranted removal from the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that the applicant failed to establish on a balance of probabilities that she suffered a psychological injury or chronic pain with functional impairment caused by the accident.

The Tribunal also rejected the applicant's argument that the respondent's denial notices were deficient under section 38 of the Schedule, noting that the reasons provided did not need to be legally correct to be valid.

Consequently, the applicant's claims for treatment plans, an award, and interest were dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied certain treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant applied to the Licence Appeal Tribunal, arguing he should be removed from the MIG due to psychological impairments and chronic pain.

The Tribunal found the applicant's evidence of psychological impairment and chronic pain to be underwhelming and unsupported by contemporaneous medical records.

The Tribunal preferred the evidence of the respondent's section 44 assessors, who concluded the applicant suffered only minor soft tissue injuries with no functional limitations.

The Tribunal held the applicant remained within the MIG, dismissed the claims for the treatment plans and interest, and declined to award costs.