2 total
Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and non-earner benefits denied.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's physical injuries were minor soft-tissue strains and that he failed to establish any accident-related psychological impairments warranting removal from the MIG.
Because the $3,500 MIG limit was exhausted, the disputed treatment plans were not payable.
The Tribunal also dismissed the claim for non-earner benefits, finding the applicant failed to prove a complete inability to carry on a normal life, and denied the request for a special award.
Applicant not statute-barred for missing insurer examination where insurer failed to reasonably accommodate rescheduling request.
The respondent insurer raised a preliminary issue, arguing the applicant was statute-barred from proceeding before the Tribunal due to his failure to attend scheduled insurer examinations under section 44 of the Schedule.
The Tribunal found that while the notices of examination were compliant, the respondent failed to make reasonable efforts to reschedule the examination to a convenient time after the applicant's representative requested a change.
The Tribunal exercised its discretion under section 55 to allow the application to proceed, subject to the condition that the applicant attend a rescheduled general practitioner examination.
