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Application for ongoing income replacement benefits dismissed; ongoing pain attributed to pre-existing conditions and obesity.
The applicant sought ongoing income replacement benefits following a motor vehicle accident.
The respondent had paid benefits until November 2014 but denied further entitlement.
The Tribunal found that the applicant's ongoing back pain was related to pre-existing mild degenerative changes and obesity, not the accident.
Medical evidence also suggested symptom embellishment.
The Tribunal concluded the applicant failed to prove a substantial inability to perform his pre-accident employment or a complete inability to engage in any suitable employment.
The application for ongoing benefits was dismissed.
The respondent's request for repayment of an overpayment was also dismissed as it was not properly raised at the case conference.
