2 total
Applicant failed to prove injuries warranted removal from the Minor Injury Guideline; treatment plans denied.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on pre-existing conditions, psychological impairment, and chronic pain.
The Tribunal found the applicant failed to provide compelling evidence of a pre-existing condition or that he sustained accident-related psychological impairment or chronic pain with functional impairment.
As the applicant remained in the MIG and the available limits were not exhausted, the disputed treatment plans were denied.
Arbitrator adjusts RECDAC finding to part-time capacity and upholds insurer's use of LECB rollover provision.
The applicant was injured in three motor vehicle accidents.
She applied for statutory accident benefits.
The insurer relied on section 21(9) of the Schedule to delay making a loss of earning capacity benefit (LECB) offer until two years after the second accident.
A RECDAC assessment concluded she could work full-time as a parking lot attendant.
The arbitrator found the applicant to be an unreliable historian due to her failure to disclose a significant pre-accident history of workplace injuries.
However, based on the medical evidence, the arbitrator found she suffered significant psychological and physical impairments.
The arbitrator concluded the RECDAC overestimated her functional abilities, finding she could only work part-time as a parking lot attendant.
Claims for acupuncture and a special award for delay were dismissed.
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