2 total
Applicant removed from Minor Injury Guideline due to chronic pain but denied specific treatment plans.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal allowed late-disclosed medical records into evidence, finding them highly relevant and of little prejudice to the respondent.
Based on evidence that the applicant received nerve block injections for ongoing back pain, the Tribunal concluded she suffered from a chronic pain condition and was not subject to the MIG.
However, the Tribunal dismissed the applicant's claims for specific chronic pain, psychological, and physiotherapy treatment plans, finding she failed to demonstrate they were reasonable and necessary.
Claims for an award and interest were also dismissed.
Insurer ordered to pay ongoing caregiver benefits due to applicant's physical injuries and Somatoform Pain Disorder.
The applicant was injured in a motor vehicle accident and received caregiver benefits from her insurer.
The insurer terminated the benefits after 104 weeks, arguing she no longer met the test of suffering a complete inability to carry on a normal life.
The arbitrator found that the applicant's physical injuries, combined with chronic pain and a diagnosed Somatoform Pain Disorder, continuously prevented her from engaging in substantially all of her pre-accident activities.
The arbitrator ordered the insurer to pay ongoing caregiver benefits but declined to order a special award, finding the insurer's denial was not unreasonable given the complex medical evidence.
No linked lawyers found.
No linked judges found.
