3 total
Application for accident benefits dismissed after applicant failed to file submissions or evidence.
The applicant sought statutory accident benefits following a motor vehicle accident.
The matter proceeded to a written hearing.
The applicant's representative withdrew prior to the submission deadline, and the applicant failed to file any submissions or evidence.
The Tribunal proceeded in the applicant's absence pursuant to section 7(2) of the Statutory Powers Procedure Act.
Finding that the applicant failed to meet the burden of proof, the Tribunal dismissed the application.
Application for accident benefits dismissed; applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing her injuries fell outside the Minor Injury Guideline (MIG) due to chronic pain and psychological impairment.
The Tribunal found insufficient medical evidence of functional impairment arising from chronic pain, noting the applicant returned to work shortly after the accident.
The Tribunal also gave little weight to a psychological report prepared nearly two years post-accident due to a lack of corroborating evidence.
The application was dismissed, and the applicant remained subject to the MIG limits.
Application for accident benefits dismissed; injuries fell within Minor Injury Guideline and accounting report unnecessary.
The applicant sought statutory accident benefits following a 2014 motor vehicle accident.
The respondent denied certain benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued she should be removed from the MIG due to chronic pain and a pre-existing psychological condition.
The Tribunal found the applicant sustained predominantly minor soft tissue injuries and failed to prove chronic pain or that her pre-existing depression precluded recovery within the MIG limits.
The Tribunal also denied the cost of an accounting report, finding it was not reasonable and necessary as the applicant's income calculation was straightforward.
The application was dismissed.
