2 total
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer determined the applicant's injuries fell within the Minor Injury Guideline (MIG) and denied several treatment plans.
The applicant applied to the Licence Appeal Tribunal, arguing he suffered from chronic pain and psychological impairments warranting removal from the MIG.
The Tribunal found the applicant's claims were unsupported by objective medical evidence and contradicted by social media evidence showing him engaging in strenuous physical activity and travel.
The Tribunal concluded the applicant failed to prove his injuries fell outside the MIG and dismissed the application for the disputed treatment plans and interest.
Appeal and judicial review dismissed; LAT reasonably dismissed accident benefits application for failure to attend insurer examination.
The appellant sought to appeal and judicially review two decisions of the Licence Appeal Tribunal (LAT) regarding her application for statutory accident benefits following a motor vehicle accident.
The LAT had stayed her application and subsequently dismissed it because she refused to attend a reasonably necessary section 44 psychiatric insurer examination.
The Divisional Court heard the judicial review and appeal concurrently.
The court found the LAT's decisions were reasonable, as the insurer had made efforts to accommodate the appellant's requests for a virtual assessment with a female clinician, but the appellant still refused to attend.
Finding no error of law or breach of procedural fairness, the court dismissed both the appeal and the application for judicial review.
