Nicole Presutti

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

The respondent denied the claims, arguing the injuries fell within the Minor Injury Guideline (MIG) and the applicant failed to attend scheduled insurer's examinations (IEs).

The Tribunal found the applicant was barred from proceeding with her claim for physiotherapy services due to her unexcused failure to attend two reasonably necessary IEs.

Furthermore, the Tribunal held the applicant failed to prove she sustained an accident-related psychological impairment warranting treatment outside the MIG.

The application for psychological benefits, an award, and interest was dismissed.

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

The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found the applicant sustained a psychological impairment as a result of the accident, warranting removal from the MIG.

The Tribunal preferred the evidence of the applicant's treating practitioners and section 25 assessor over the respondent's section 44 examiners.

The Tribunal ordered the respondent to pay for the disputed physiotherapy treatment plans, an orthopaedic assessment, a psychological assessment, and psychological services, finding them reasonable and necessary.

Interest was also awarded on overdue benefits.