Medhi Lotfalizadeh

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 sustained a psychological impairment as a result of the accident, warranting removal from the MIG.

The Tribunal preferred the evidence of the applicant's treating practitioners and section 25 assessor over the respondent's section 44 examiners.

The Tribunal ordered the respondent to pay for the disputed physiotherapy treatment plans, an orthopaedic assessment, a psychological assessment, and psychological services, finding them reasonable and necessary.

Interest was also awarded on overdue benefits.

The applicant sought statutory accident benefits following a motor vehicle accident, arguing she should be removed from the Minor Injury Guideline (MIG) due to chronic pain and psychological impairments.

The Licence Appeal Tribunal found that while the applicant was diagnosed with chronic pain, she failed to demonstrate the requisite functional impairment, as she continued to work full-time and remained independent in her activities of daily living.

The Tribunal also found insufficient medical evidence to support an accident-related psychological injury.

Consequently, the applicant remained subject to the MIG, and her claims for treatment plans outside the MIG limit, along with claims for interest and an award, were dismissed.

The respondent's request for costs was also denied due to a lack of supporting particulars.

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

The respondent denied various treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the respondent's notices for insurer's examinations were insufficient, so the applicant was not barred from proceeding.

However, the Tribunal concluded that the applicant failed to prove he suffered from chronic pain with functional impairment or a psychological impairment.

Therefore, the applicant's injuries remained subject to the $3,500 MIG limit, and the application for treatment plans beyond that limit was dismissed.