2 total
Application for accident benefits dismissed; applicant failed to prove chronic pain warranting removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming her injuries fell outside the Minor Injury Guideline (MIG) due to chronic pain with a functional impairment.
The Licence Appeal Tribunal reviewed the medical evidence, including assessments from both the applicant and the insurer.
The Tribunal found the applicant's evidence of chronic pain uncompelling, preferring the insurer's assessments which indicated normal range of motion and minor sprain/strain injuries.
The Tribunal concluded the applicant did not suffer from chronic pain with a functional impairment, remained subject to the MIG, and was therefore not entitled to the disputed treatment plans or interest.
Accident benefits denied as applicant failed to prove needs were causally related to the accident.
The applicant sought various medical, rehabilitation, and attendant care benefits following a motor vehicle accident.
The respondent denied the benefits, arguing that the applicant's needs stemmed from extensive pre-existing medical conditions, including Parkinson's disease and dementia, rather than the soft tissue injuries sustained in the accident.
The Licence Appeal Tribunal dismissed all claims, finding that the applicant failed to prove the requested benefits and assessments were reasonable and necessary or causally related to the accident.
Claims for interest and an award for unreasonable delay were also dismissed.
No co-appearing lawyers found.
No judges found.