Mr. Balasingham Arasabalan

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

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 for non-earner benefits, various physiotherapy treatment plans, and assessments for psychology and chronic pain.

The adjudicator found that the applicant failed to meet his evidentiary burden to prove his injuries fell outside the MIG, noting the lack of clinical records and the failure of his assessors to address the respondent's medical reports.

The adjudicator also dismissed the claim for non-earner benefits, applying the Heath test and finding the applicant had resumed substantially all of his pre-accident activities, including completing his education.

All disputed treatment plans were deemed not reasonable and necessary, and the application was dismissed in its entirety.