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Tribunal awards IRBs, treatment plans, and a 50% special award for insurer's unreasonable MIG stance.
The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement benefits (IRBs) and occupational therapy treatment plans for a concussion.
The respondent insurer denied the benefits, maintaining that the applicant's injuries fell within the Minor Injury Guideline (MIG) and relying on insurer's examinations.
The Tribunal found the applicant was entitled to IRBs for a limited period before they were validly suspended for non-compliance with a section 33 request.
The Tribunal also approved the occupational therapy plans in part, finding the respondent's reliance on assessors who ignored the concussion diagnosis to be unreasonable.
The Tribunal awarded a maximum 50% special award under section 10 of Regulation 664, condemning the respondent's excessive and inflexible conduct in keeping the applicant in the MIG despite clear medical evidence of a concussion.
