Nileshkumar Patel

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to a non-earner benefit and a physiotherapy treatment plan outside the Minor Injury Guideline (MIG).

The respondent denied the benefits.

The Tribunal found that the applicant failed to prove her soft tissue injuries warranted removal from the MIG, noting she had returned to her pre-accident activities in a reduced capacity.

The Tribunal also dismissed the claim for a non-earner benefit, finding no complete inability to carry on a normal life.

The application was dismissed.

The applicant sought non-earner benefits following a motor vehicle accident.

The adjudicator found that the applicant failed to prove on a balance of probabilities that he suffered a complete inability to carry on a normal life, as he provided insufficient evidence regarding his pre-accident activities and time commitments.

The adjudicator preferred the respondent's multidisciplinary assessment report, which concluded the applicant did not meet the test.

The application was dismissed.