Justine Lee Young

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent insurer denied treatment plans for physical therapy and a psychological assessment on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.

The Tribunal found that the applicant failed to provide compelling medical evidence that her pre-existing back condition prevented her from achieving maximal recovery within the MIG, or that she sustained an accident-related psychological impairment outside the MIG.

As the MIG limits were exhausted, the disputed treatment plans were not payable, and claims for interest and an award for unreasonable delay were dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The insurer denied two treatment plans for a Chronic Pain Assessment and a Psychological Assessment, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that the applicant's pre-existing psychological impairments, which were exacerbated by the accident, warranted removal from the MIG.

The Tribunal approved the Psychological Assessment as reasonable and necessary but denied the Chronic Pain Assessment, finding insufficient evidence to meet the criteria for chronic pain syndrome.

Interest on the benefits was denied as the expenses had not been incurred.