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Application for statutory accident benefits dismissed as treatment plans and attendant care were not reasonable and necessary.
The applicant sought entitlement to statutory accident benefits following a motor vehicle accident, including multiple treatment plans for physiotherapy, chiropractic, and psychological services, as well as attendant care benefits.
The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to prove on a balance of probabilities that the disputed treatment plans and attendant care expenses were reasonable and necessary.
The Tribunal preferred the evidence of the respondent's independent examiners over the applicant's assessors and noted the applicant's failure to provide requested information to the insurer.
Claims for interest and an award under s. 10 of Reg. 664 were also dismissed.
Applicant removed from Minor Injury Guideline due to psychological impairments; treatment plans and laptop approved.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant suffered from psychological impairments, including Major Depressive Disorder, which warranted her removal from the MIG.
The Tribunal ordered the insurer to pay for a psychological assessment, psychological treatment, and a laptop required to access virtual therapy during the COVID-19 pandemic, along with interest on overdue payments.
The applicant's claim for a special award under Regulation 664 was dismissed, as the insurer's denial was not found to be unreasonable.
No co-appearing lawyers found.
No judges found.