2 total
Attendant care benefits denied, but insurer ordered to pay 25% award for unreasonably delaying treatment plans.
The applicant was injured in a bicycle/motor vehicle collision and sought attendant care benefits and an award for unreasonably delayed treatment plans.
The Tribunal found the applicant was not entitled to attendant care benefits as she had regained independence in her activities of daily living.
However, the Tribunal found the insurer unreasonably delayed approving four treatment plans by keeping the applicant in the Minor Injury Guideline despite receiving a neurologist's report diagnosing a concussion.
The Tribunal awarded 25% of the value of the delayed plans ($2,657.54) plus interest.
Application for non-earner benefits and physiotherapy dismissed as applicant maintained normal daily functioning.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to a non-earner benefit, a physiotherapy treatment plan, interest, and an award for unreasonable delay.
The adjudicator found that the applicant failed to demonstrate a complete inability to carry on a normal life, as medical assessments indicated he remained independent in his daily activities, including driving, working, and exercising.
Furthermore, the applicant did not prove the physiotherapy treatment plan was reasonable and necessary, as his own treating surgeon recommended exercise rather than physiotherapy.
The application was dismissed in its entirety.
No co-appearing lawyers found.
No judges found.