5 total
Applicant removed from Minor Injury Guideline due to psychological impairment; treatment plans approved but IRB denied.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant suffered a psychological impairment, supported by a psychological assessment and family physician records, warranting removal from the MIG.
The applicant's claim for an income replacement benefit was dismissed for failing to prove a substantial inability to perform the essential tasks of her employment as a personal support worker.
However, the Tribunal approved all four disputed treatment and assessment plans for physiotherapy and psychological services, finding them reasonable and necessary, and awarded interest on overdue payments.
Application for accident benefits dismissed; injuries found to be minor and subject to the MIG limit.
The applicant sought accident benefits following a motor vehicle accident, claiming her injuries warranted removal from the Minor Injury Guideline (MIG) due to physical and psychological impairments, pre-existing conditions, and chronic pain.
The Tribunal found that the applicant's injuries were predominantly minor soft tissue injuries and that she failed to provide compelling medical evidence of a psychological impairment, pre-existing condition, or chronic pain with functional impairment that would justify removal from the MIG.
The Tribunal also dismissed the applicant's claim for a non-earner benefit, finding she had not demonstrated a complete inability to carry on a normal life.
All disputed treatment plans and claims for interest were denied.
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The respondent denied various treatment plans and assessments on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG due to psychological impairments, chronic pain, and pre-existing conditions.
The Tribunal found insufficient evidence of a psychological impairment, noting the respondent's expert assessments were more persuasive.
The Tribunal also found no evidence of chronic pain syndrome with functional impairment, and no compelling evidence that pre-existing conditions precluded maximal recovery within the MIG.
The application was dismissed, and the applicant remained subject to the MIG limits.
Applicant removed from Minor Injury Guideline due to chronic pain; partial entitlement to treatment plans granted.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's chronic back pain, which caused functional impairment, warranted removal from the MIG.
The Tribunal approved treatment plans for physiotherapy and a psychological assessment, finding them reasonable and necessary, but denied other plans for lack of evidence or because they were duplicative.
Interest was awarded on the overdue benefits.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant sought removal from the MIG based on psychological impairments and chronic pain.
The Tribunal found insufficient evidence of psychological impairment or functional limitations caused by chronic pain to warrant removal from the MIG, preferring the respondent's medical evidence which was corroborated by the applicant's treating physician's records.
As the applicant's injuries were predominantly minor and the MIG limit was exhausted, the disputed treatment plans and assessments were denied.
No co-appearing lawyers found.
No judges found.