2 total
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied certain treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant applied to the Licence Appeal Tribunal, arguing he should be removed from the MIG due to psychological impairments and chronic pain.
The Tribunal found the applicant's evidence of psychological impairment and chronic pain to be underwhelming and unsupported by contemporaneous medical records.
The Tribunal preferred the evidence of the respondent's section 44 assessors, who concluded the applicant suffered only minor soft tissue injuries with no functional limitations.
The Tribunal held the applicant remained within the MIG, dismissed the claims for the treatment plans and interest, and declined to award costs.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline limits.
The applicant was injured in a motor vehicle accident and sought medical and rehabilitation benefits beyond the $3,500 Minor Injury Guideline (MIG) limit, claiming chronic pain and psychological impairments.
The respondent denied the treatment plans on the basis that the injuries were predominantly minor.
The Licence Appeal Tribunal found that the applicant sustained uncomplicated soft tissue injuries and failed to provide medical evidence of chronic pain or psychological impairment warranting removal from the MIG.
As the MIG limits were exhausted, the disputed treatment plans and claim for interest were dismissed.
