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Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing their injuries warranted removal from the Minor Injury Guideline (MIG) due to chronic pain and psychological impairment.
The Tribunal found the applicant failed to meet the burden of proof, as the medical evidence lacked objective corroboration and failed to establish a causal link between the accident and the alleged psychological symptoms.
The Tribunal preferred the respondent's section 44 assessment, which found no objective evidence of impairment.
The application was dismissed, and the applicant was held to the MIG limits.
Applicant awarded IRBs for chronic knee pain, but denied ACBs related to pre-existing hip surgery.
The Applicant was struck by a vehicle in a parking lot, sustaining a right knee sprain and psychological injuries.
She also had a pre-existing hip condition that required surgery.
The Tribunal found that the accident did not cause or accelerate the need for hip surgery, but did cause chronic knee pain that prevented her from working.
The Applicant was awarded income replacement benefits, physiotherapy, and psychological treatment.
Claims for attendant care benefits and occupational therapy related to her hip surgery were dismissed, as was her claim for a special award.
Accident benefits claims dismissed as evidence showed the applicant had returned to work as a truck driver.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including an income replacement benefit, costs of examinations, and medical benefits for physiotherapy.
The respondent insurer denied the claims.
The Tribunal found that the applicant had returned to work as a truck driver shortly after the accident, as evidenced by his own testimony, his son's testimony, tax returns, and surveillance footage.
Medical evidence from insurer examinations also supported that he did not suffer a substantial inability to perform his essential tasks.
The Tribunal dismissed the claims for income replacement benefits, finding the applicant did not meet the test.
The claims for medical benefits and assessments were also dismissed as they were not reasonable and necessary, and the applicant had failed to attend scheduled insurer examinations.
Applicant entitled to income replacement benefits due to accident-related chronic pain and psychological impairments; special award denied.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) after the respondent terminated them.
The Tribunal found that the applicant suffered from chronic pain and psychological impairments caused by the accident, rendering her substantially unable to perform the essential tasks of her pre-accident employment as a general labourer.
The Tribunal ordered the respondent to pay the IRBs and interest on overdue amounts.
The applicant's claim for a special award under Regulation 664 was dismissed, as the respondent's initial denial of treatment plans was not unreasonable given the medical evidence available at the time.
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