3 total
Application for accident benefits dismissed; applicant statute-barred for failing to attend insurer's examinations.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits and raised a preliminary issue that the applicant was statute-barred from proceeding due to her failure to attend scheduled insurer's examinations.
The Tribunal found that the applicant failed to provide a reasonable explanation for her non-attendance and that the respondent's notices were compliant.
Consequently, the applicant was barred from proceeding with most of her claims.
For the remaining claim for physiotherapy services, the Tribunal found the applicant failed to establish the treatment was reasonable and necessary.
The application was dismissed.
Application for accident benefits dismissed; injuries found to be predominantly minor and subject to MIG limits.
The respondent denied certain treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's physical injuries, diagnosed as whiplash and sprains, were predominantly minor.
The Tribunal also rejected the applicant's claim of psychological impairment, preferring the respondent's psychological assessment over the applicant's, as the latter failed to review the clinical notes and records which were void of psychological complaints.
The application was dismissed, and the disputed treatment plans were found not payable.
Application for non-earner benefits and neuropsychological assessments dismissed as applicant resumed pre-accident activities.
The applicant sought non-earner benefits and funding for a neuropsychological assessment following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application, finding the applicant did not suffer a complete inability to carry on a normal life, as she had resumed many pre-accident activities including driving and part-time work.
The Tribunal also denied the treatment plan, preferring the respondent's expert evidence that there was no indication of a traumatic brain injury to justify the neuropsychological assessments.
Claims for interest and an award were consequently dismissed.
