3 total
Applicant's injuries remained within the Minor Injury Guideline; claims for disputed treatment plans and award dismissed.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that chronic pain and psychological impairments warranted removal from the MIG.
The Tribunal found that the applicant failed to demonstrate a psychological impairment or chronic pain with functional impairment, placing significant weight on the respondent's psychological assessment which found only subclinical symptoms.
As the applicant remained within the MIG, the disputed treatment plans were not payable.
Claims for an award for unreasonable delay and interest were also dismissed.
Application for accident benefits dismissed; applicant failed to prove psychological impairment warranting removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits and various treatment plans outside the Minor Injury Guideline (MIG) due to psychological impairments.
The Licence Appeal Tribunal found that the applicant failed to prove a substantial inability to perform the essential tasks of his employment, noting he continued to work and earn similar income post-accident.
The Tribunal also found insufficient evidence of a psychological impairment to warrant removal from the MIG, preferring the respondent's psychological assessment over the applicant's.
The application was dismissed, and the applicant was found not entitled to the disputed benefits or interest.
Applicant's injuries found to be predominantly minor; removal from Minor Injury Guideline and disputed treatment plans denied.
The applicant sought statutory accident benefits following a 2019 motor vehicle accident.
The respondent insurer denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's physical injuries were predominantly minor and that he failed to prove an accident-related psychological impairment or a pre-existing condition that would preclude recovery within the MIG.
As the applicant remained subject to the $3,500 MIG limit, the disputed treatment plans, interest, and an award for unreasonable delay were denied.
No co-appearing lawyers found.
No judges found.