Ms. Lyndy Goldlust

The applicant sought statutory accident benefits following a motor vehicle accident, claiming her psychological impairment and chronic pain warranted removal from the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that the applicant's injuries were predominantly minor soft-tissue injuries.

The Tribunal preferred the respondent's insurer's examination reports, which found no accident-related psychological condition or functional impairment, over the applicant's unsupported claims.

As the MIG limits were exhausted, the applicant was not entitled to the disputed treatment plans, an award, or interest.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied several treatment plans, arguing that the applicant's right ankle fracture was caused by a subsequent fall and relying on section 44 assessments to deny other treatments.

The Tribunal found that the right ankle fracture was caused by the accident.

The Tribunal also found the treatment plans for an ADL assessment, physiotherapy, and a neurological assessment were reasonable and necessary, noting the respondent's assessors failed to review the complete medical file.

Furthermore, the Tribunal ordered payment for psychological services because the respondent failed to provide a compliant denial notice under section 38(8) of the Schedule.