2 total
Application for accident benefits dismissed; applicant's unreliable self-reporting undermined expert psychological evidence for MIG removal.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that his injuries fell within the Minor Injury Guideline (MIG).
The applicant claimed psychological impairments, including PTSD and depression, warranted removal from the MIG.
The Tribunal found the applicant's self-reporting to the psychological assessors was inconsistent and unreliable, particularly regarding his pre-existing conditions and post-accident work activities.
Consequently, the Tribunal assigned little weight to the expert psychological reports.
The Tribunal concluded the applicant failed to meet his burden of proof, held that his injuries were predominantly minor, and dismissed the claims for chiropractic and psychological treatment plans.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant was involved in a rear-end motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs) and various medical and rehabilitation benefits.
The respondent insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and its $3,500 funding limit.
The Tribunal found that the applicant sustained predominantly minor injuries (soft tissue sprains/strains) and failed to prove that pre-existing conditions, neurological issues, psychological injuries, or chronic pain warranted removal from the MIG.
The Tribunal also found the applicant failed to demonstrate a substantial inability to perform the essential tasks of his pre-accident employment, denying the claim for IRBs.
The application was dismissed in its entirety.
No co-appearing lawyers found.
No judges found.