2 total
Applicant removed from Minor Injury Guideline due to psychological impairment; partial treatment benefits awarded.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied several treatment plans and an income replacement benefit, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant sustained a psychological impairment, removing her from the MIG.
The Tribunal approved treatment plans for psychological services, a psychological assessment, physiotherapy, and a chronic pain assessment, finding them reasonable and necessary.
However, claims for chiropractic services and an income replacement benefit were dismissed due to insufficient evidence.
The Tribunal awarded interest on the approved benefits but declined to order a special award, finding the insurer's conduct was not unreasonable.
Application for accident benefits dismissed; injuries found to fall within the Minor Injury Guideline.
The applicant sought accident benefits following a motor vehicle accident, arguing her injuries warranted removal from the Minor Injury Guideline (MIG) due to pre-existing conditions, psychological impairment, and chronic pain.
She also claimed entitlement to non-earner benefits and two treatment plans.
The Tribunal found the applicant's evidence insufficient to establish that her pre-existing conditions prevented recovery within the MIG.
The Tribunal preferred the respondent's expert evidence, concluding the applicant sustained only minor soft tissue injuries and no diagnoseable psychological impairment.
The claims for non-earner benefits and treatment plans outside the MIG limit were dismissed.
No linked lawyers found.
No linked judges found.
