4 total
Applicant removed from Minor Injury Guideline due to chronic pain; various assessments and treatments approved.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant suffered from chronic pain with functional impairment, warranting removal from the MIG.
The Tribunal granted the applicant's requests for chronic pain and psychological assessments, as well as chiropractic and massage treatment, finding them reasonable and necessary.
A psychological treatment plan was partially approved, while a duplicative psychotherapy plan was denied.
The Tribunal declined to order a special award under s. 10 of Regulation 664, finding the respondent reasonably relied on its assessors' opinions, but awarded interest on overdue benefits.
Application for accident benefits dismissed; injuries fell within MIG and non-earner benefit test not met.
The respondent denied several benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant suffered predominantly minor soft-tissue injuries and failed to provide compelling medical evidence of chronic pain or psychological impairments warranting removal from the MIG.
Furthermore, the applicant did not establish a complete inability to carry on a normal life, as she continued to engage in most pre-accident activities, and was therefore not entitled to a non-earner benefit.
The application was dismissed.
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant applied to the Licence Appeal Tribunal, claiming physical injuries, chronic pain, and psychological impairments warranted removal from the MIG.
The Tribunal found the physical injuries were minor, there was insufficient evidence of a pre-existing condition precluding recovery, and preferred the respondent's psychological assessment over the applicant's.
The Tribunal concluded the applicant failed to demonstrate his impairments warranted removal from the MIG, and dismissed the claims for treatment plans and interest as the MIG limits were exhausted.
Application for accident benefits dismissed; applicant failed to prove ongoing substantial inability to work.
The applicant sought payment for an income replacement benefit, chiropractic services, psychological services, and custom orthotics following a motor vehicle accident.
The Licence Appeal Tribunal dismissed all claims.
The applicant failed to prove a substantial inability to perform the essential tasks of his pre-accident employment after May 2017.
The chiropractic treatment plans were not shown to be reasonable and necessary, the psychological services were duplicative, and the custom orthotics expense was incurred before submitting a treatment plan, contrary to section 38(2) of the Schedule.
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