Ms. Kelly-Ann Smith

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) and claiming entitlement to income replacement benefits (IRBs) and various treatment plans.

The Tribunal found that the applicant failed to provide sufficient medical evidence to prove his injuries warranted removal from the MIG, noting the absence of evidence supporting chronic pain or psychological impairment.

The Tribunal also dismissed the claim for IRBs, finding the applicant failed to prove the quantum payable for the pre-104-week period and failed to meet the strict 'complete inability' test for the post-104-week period.

Claims for treatment plans, interest, and an award for unreasonable delay were consequently dismissed.

The applicant sought various medical benefits, including a psychological assessment, functional abilities evaluation, vocational assessment, and labour market survey, following a motor vehicle accident.

The Licence Appeal Tribunal found that the applicant failed to prove the assessments were reasonable and necessary pursuant to the Statutory Accident Benefits Schedule.

The Tribunal noted that the applicant failed to provide specific submissions for the assessments and that the respondent's evidence, including comprehensive reports, demonstrated the assessments were either duplicative or unnecessary.

The application was dismissed, and claims for an award, interest, and costs were denied.