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Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits (IRB) and medical benefits beyond the Minor Injury Guideline (MIG) limit due to chronic pain and psychological impairment.
The Licence Appeal Tribunal found that the applicant failed to prove her injuries fell outside the MIG, preferring the respondent's insurer examination reports which concluded she suffered only soft-tissue injuries.
As the MIG limit was exhausted, the disputed treatment plans were denied.
The Tribunal also dismissed the claim for IRB, finding insufficient evidence that the applicant suffered a substantial inability to perform the essential tasks of her employment or a complete inability to engage in any employment.
