2 total
Application for post-104 income replacement and medical benefits dismissed as applicant retained capacity to work.
The applicant sought dispute resolution at the Licence Appeal Tribunal after being denied post-104 week income replacement benefits, medical benefits, and costs of examinations following a motor vehicle accident.
The adjudicator found that while the applicant suffered physical impairments from the accident, he did not suffer a complete inability to engage in any employment for which he was reasonably suited.
The adjudicator preferred the respondent's vocational evidence, finding the applicant could work as a delivery driver.
The adjudicator also found the applicant's psychological issues were caused by subsequent life stressors, not the accident.
The claims for medical benefits and assessments were dismissed as not reasonable or necessary.
Application for post-104 week income replacement benefits dismissed; applicant failed to prove complete inability to work.
The applicant was injured in a motor vehicle accident and received income replacement benefits for 104 weeks.
The insurer terminated the benefits, and the applicant sought reinstatement, arguing she suffered a complete inability to engage in any employment for which she was reasonably suited by education, training, or experience due to psychological and physical impairments.
The Tribunal dismissed the application, finding the applicant's self-reports and medical evidence insufficient to meet the post-104 week test, and preferred the respondent's objective functional and vocational assessments which identified suitable sedentary occupations.
No co-appearing lawyers found.
No judges found.