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Application for income replacement benefits dismissed due to inconsistent and unreliable evidence of pre-accident income.
The applicant sought income replacement benefits following a motor vehicle accident.
The respondent initially paid benefits based on reported employment but terminated them after an insurer's examination and due to outstanding information regarding other alleged employment.
The Tribunal found that the applicant's evidence regarding his pre- and post-accident income, including tax returns and banking records, was inconsistent, unverified, and incomplete.
Preferring the evidence of the respondent's forensic accountant, the Tribunal concluded that the applicant failed to meet his onus to provide reliable information upon which an income replacement benefit could be calculated.
The application was dismissed.
Applicant denied medical benefits and ordered to repay $8,583.12 in overpaid income replacement benefits.
The applicant sought medical and rehabilitation benefits, including chiropractic and physiotherapy treatment plans, following a motor vehicle accident.
The adjudicator found that the applicant failed to prove the treatment plans were reasonable and necessary, relying on the respondent's orthopaedic assessments which found no objective evidence of accident-related impairment.
The applicant's claim for a psychological assessment was also dismissed as a duplication of service.
Furthermore, the adjudicator ordered the applicant to repay $8,583.12 in income replacement benefits that were overpaid due to an insurer error, as the applicant failed to establish any exception to the repayment obligation under section 52 of the Schedule.
Claims for a section 10 award and costs were dismissed.
