Vladimir Kulikov

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to an Income Replacement Benefit (IRB) and four treatment plans.

The Licence Appeal Tribunal found that while the applicant's physical impairments did not meet the threshold for an IRB, his accident-related psychological impairments, specifically driving anxiety and a specific phobia, caused a substantial inability to perform the essential tasks of his pre-accident employment as a forklift driver.

The Tribunal awarded the IRB and interest on overdue payments, but denied the treatment plans as the applicant failed to prove they were reasonable and necessary.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The respondent insurer denied treatment plans for psychiatric, social work, and chronic pain assessments on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant applied to the Licence Appeal Tribunal, arguing for removal from the MIG due to chronic pain and psychological injuries.

The Tribunal found that the applicant failed to prove on a balance of probabilities that he suffered from chronic pain or psychological injuries caused by the accident, preferring the insurer's expert evidence over the applicant's.

As the applicant's injuries did not fall outside the MIG and the $3,500 funding limit was exhausted, the application was dismissed.