Ms. Zubina Ladak

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to chiropractic and psychological treatment plans outside the Minor Injury Guideline (MIG).

The applicant argued that chronic pain and psychological injuries warranted removal from the MIG, and that the respondent's denial notices were non-compliant with section 38(8) of the Schedule.

The Tribunal found the denial notices were compliant and clearly explained the medical reasons for refusal.

Relying on the respondent's section 44 physiatry and psychology reports, the Tribunal concluded the applicant's injuries were predominantly minor.

The applicant's reliance on a social worker's pre-screening report was given little weight as diagnosing a psychological impairment was out of scope.

The application was dismissed, and claims for interest and a section 10 award were denied.

The applicant sought statutory accident benefits following a motor vehicle accident, including an income replacement benefit (IRB), medical and rehabilitation benefits for physiotherapy and psychological services, and an award for unreasonable delay.

The Licence Appeal Tribunal dismissed the application in its entirety.

The Tribunal found the applicant failed to prove a substantial inability to perform the essential tasks of her employment, preferring the respondent's expert evidence over the applicant's experts.

The Tribunal also found the applicant failed to prove the disputed treatment plans were reasonable and necessary.