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Applicant entitled to pre-104 week income replacement benefits for psychological impairments, but medical benefits denied.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs) and medical benefits.
The Licence Appeal Tribunal found that the applicant's accident-related psychological condition and pain caused a substantial inability to perform the essential tasks of her pre-accident employment as a student placement coordinator, entitling her to IRBs for the pre-104 week period.
However, the Tribunal dismissed her claim for post-104 week IRBs, finding she did not suffer a complete inability to engage in suitable employment.
The Tribunal also denied the claimed medical benefits for physiotherapy, an attendant care assessment, and assistive devices, preferring the insurer's medical evidence that the physical injuries did not warrant the disputed treatment plans.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied certain benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 treatment limit had been exhausted.
The applicant argued she had a pre-existing back condition, a psychological impairment, and chronic pain that removed her from the MIG.
The Tribunal found insufficient evidence of a pre-existing condition that prevented maximal recovery, and preferred the respondent's psychological assessments showing symptom amplification over the applicant's evidence.
The Tribunal concluded the injuries were predominantly minor, the disputed treatment plans were not payable, and no interest was owed.
The application was dismissed.
No linked lawyers found.
No linked judges found.
