2 total
Most medical benefits denied for lack of evidence, but $200 balance for previously approved physiotherapy granted.
The applicant sought statutory accident benefits following a motor vehicle accident, specifically claiming entitlement to treatment plans for physiotherapy, chiropractic and massage therapy, and the cost of an orthopaedic assessment.
The Tribunal found that the applicant was not entitled to the majority of the claimed benefits, as she failed to provide sufficient evidence that the treatments and assessment were reasonable and necessary, and there was no objective evidence of an orthopaedic injury.
However, the Tribunal ordered the respondent to pay a $200.00 balance for a previously partially approved physiotherapy treatment plan, plus interest, because the respondent had initially approved it before Minor Injury Guideline funds were exhausted.
Claims for non-earner and medical benefits dismissed as applicant's injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to a non-earner benefit, medical and rehabilitation benefits, and assessment costs outside the Minor Injury Guideline (MIG).
The Tribunal found the applicant's subjective reports of impairment inconsistent with surveillance footage and objective medical evidence.
Preferring the respondent's expert assessments, the Tribunal concluded the applicant did not suffer a complete inability to carry on a normal life and that her injuries were predominantly minor.
Consequently, the claims for a non-earner benefit, treatment plans outside the MIG, interest, and a special award were dismissed.
