2 total
Applicant removed from Minor Injury Guideline due to psychological injuries; medical benefits and IRBs awarded.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer denied claims for medical benefits, a psychological assessment, and income replacement benefits (IRBs), arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant sustained psychological injuries, including major depressive disorder and PTSD, which removed him from the MIG.
The Tribunal ordered the respondent to pay for the disputed physiotherapy and psychological assessment.
The Tribunal also found the applicant eligible for IRBs due to a substantial inability to perform his pre-accident employment, awarding $134.62 per week.
The applicant's request for a special award under Regulation 664 was dismissed, as the insurer's conduct was not found to be unreasonable.
Interest was awarded on overdue payments.
Applicant's psychological claims dismissed; injuries found to fall within the Minor Injury Guidelines.
The applicant was injured in a motor vehicle accident and sought medical benefits for psychological impairments, which the respondent insurer denied on the basis that the injuries fell within the Minor Injury Guidelines (MIG).
The applicant argued that diagnoses of PTSD and Adjustment Disorder took him outside the MIG.
The Tribunal weighed competing psychological assessments and preferred the respondent's expert, who conducted a response validity test and found no discernible accident-related psychological impairments.
The Tribunal attached minimal weight to the applicant's experts due to methodological flaws and inconsistencies.
The Tribunal concluded the applicant's injuries were predominantly minor, dismissing the claims for psychological assessment and treatment, as well as the claim for an award for unreasonably withheld benefits.
No linked lawyers found.
No linked judges found.
