4 total
Application for accident benefits dismissed; applicant failed to prove injuries fell outside the Minor Injury Guideline.
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) and that she did not meet the test for a non-earner benefit.
The Tribunal found the applicant failed to discharge her evidentiary burden to prove her injuries warranted removal from the MIG.
The Tribunal also upheld the respondent's denial notices as compliant with the Schedule and dismissed the claims for treatment plans, non-earner benefits, and an award for unreasonable delay.
Applicant remains subject to Minor Injury Guideline as she failed to prove accident-related psychological condition or chronic pain.
The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued she should be removed from the MIG due to an accident-related psychological condition and chronic pain.
The Tribunal found the applicant failed to prove on a balance of probabilities that her psychological symptoms or chronic pain were caused by the accident, noting significant delays in reporting symptoms and alternative causes documented in her medical records.
The Tribunal concluded the applicant remains subject to the MIG limit, dismissed the claims for interest and a section 10 award, and held she is entitled to the disputed assessments only up to the remaining MIG limit.
Applicant removed from Minor Injury Guideline due to accident-related psychological disorders and chronic pain.
The insurer denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that while the initial physical injuries were minor, the applicant subsequently developed accident-related psychological disorders and chronic pain that warranted removal from the MIG.
The Tribunal ordered payment for a psychiatry/GP medical assessment but denied a claim for chiropractic services as there was no outstanding balance.
Interest was awarded on overdue payments.
Application for accident benefits dismissed as applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant failed to provide submissions demonstrating that his injuries, including alleged chronic pain and pre-existing conditions, warranted removal from the MIG.
The Tribunal found the applicant did not meet his burden of proof.
As the MIG limits were exhausted, the treatment plan was not payable, and claims for interest and an award for unreasonable delay were dismissed.
