2 total
Applicant's injuries remain within MIG, but insurer must pay certain assessments due to non-compliant denial notices.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied various treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant failed to prove chronic pain or psychological impairments warranting removal from the MIG, citing inconsistent self-reporting to assessors.
However, the Tribunal ordered the insurer to pay for social work, general practitioner, and psychological assessments because the insurer's denial notices contained boilerplate language and failed to comply with the medical reasons requirement under s. 38(8) of the Schedule.
Application for accident benefits dismissed as applicant failed to prove complete inability to carry on a normal life.
The applicant sought non-earner benefits, medical benefits for physiotherapy, and the cost of examinations for mental health and chronic pain assessments following a motor vehicle accident.
The Tribunal dismissed the application, finding the applicant failed to establish a complete inability to carry on a normal life.
The Tribunal gave little weight to the applicant's expert reports due to their reliance on self-reporting without a Somali interpreter and failure to include signed expert duty acknowledgments.
The respondent's section 44 assessments, which utilized an interpreter and found symptom magnification and minor injuries, were preferred.
No co-appearing lawyers found.
No judges found.