The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied income replacement benefits and medical benefits, arguing the applicant failed to attend a required section 44 insurer examination and that his injuries fell within the Minor Injury Guideline.
The Tribunal found the applicant was statute-barred under section 55(2) of the Schedule for failing to attend the scheduled ophthalmology examination.
In the alternative, the Tribunal found the applicant's injuries were predominantly minor, he had exhausted the Minor Injury Guideline limits, and he failed to establish a substantial inability to perform the essential tasks of his employment.
