2 total
Application for accident benefits dismissed after applicant failed to file written submissions.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's determination that his injuries fell within the Minor Injury Guideline (MIG).
The Tribunal ordered a written hearing, but the applicant failed to file any written submissions or evidence.
As the applicant bore the onus of proving entitlement to removal from the MIG and the disputed treatment plan, the Tribunal found he failed to meet his burden.
The application was dismissed.
Application for accident benefits dismissed due to lack of causation, insufficient evidence, and non-compliance.
The applicant sought income replacement benefits (IRBs) and medical and rehabilitation benefits following a motor vehicle accident.
The adjudicator found that the applicant failed to prove she suffered a substantial inability to perform the essential tasks of her pre-accident employment, noting inconsistencies in her reported employment and a lack of supportive medical evidence linking her physical and psychological impairments to the accident.
Furthermore, the applicant was found non-compliant with section 33 of the Schedule for failing to provide requested employment and income documentation.
The adjudicator also dismissed the claims for physiotherapy, psychological services, and a chronic pain program, finding the applicant did not establish that the treatments were reasonable and necessary or that she suffered from accident-related chronic pain.
The application was dismissed in its entirety.
