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Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and IRB denied.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including medical benefits, examination expenses, and an income replacement benefit (IRB).
The insurer denied the claims, arguing the injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's physical and psychological injuries were minor and did not warrant removal from the MIG.
The Tribunal preferred the evidence of the insurer's expert psychologist over the applicant's social worker regarding psychological impairments.
Furthermore, the Tribunal concluded the applicant did not suffer a substantial inability to perform the essential tasks of his employment, dismissing the claim for an IRB.
All claims and the request for interest were dismissed.
Accident benefits denied as applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant sought payment for various medical treatments, assessments, disability certificates, and Income Replacement Benefits (IRBs) following a motor vehicle accident.
The insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The adjudicator found that the applicant failed to prove on a balance of probabilities that he suffered from chronic pain or a psychological impairment that would remove him from the MIG.
Consequently, the claims for medical benefits and assessments were denied.
Furthermore, while the applicant may have been entitled to IRBs, he failed to provide sufficient financial records to calculate the quantum, resulting in an award of $0 per week.
Arbitrator rules applicant's injuries fall within Minor Injury Guideline; insurer's overpayment does not waive limit.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the insurer.
The central issues were whether the applicant's injuries fell within the Minor Injury Guideline (MIG) and whether the insurer's payment of over $3,500 in treatment costs constituted a waiver of the MIG limit.
The arbitrator found that the applicant's injuries were minor and that the insurer did not waive the MIG limit simply by overpaying.
The arbitrator rejected the applicant's experts' diagnoses of chronic pain and WAD III, preferring the insurer's experts who concluded the applicant suffered only soft tissue injuries.
All claims for additional rehabilitation benefits and examination costs were dismissed.
Applicant's psychological impairments placed her outside the Minor Injury Guideline; physical rehabilitation treatment plans denied.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that her injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that while the applicant's physical injuries were minor, her psychological impairments, including depression and anxiety, placed her outside the MIG.
The Tribunal denied five treatment plans for facility-based physical rehabilitation, finding the applicant had reached maximal recovery for her physical injuries.
However, the Tribunal approved the cost of a social work assessment up to the $2,000 statutory limit, finding it reasonable and necessary to address her ongoing psychological impairments.
Both parties' requests for costs were denied.
No co-appearing lawyers found.
No judges found.