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Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought accident benefits following a motor vehicle accident, disputing the insurer's determination that his injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that he suffered from a concussion, psychological impairments, and chronic back pain warranting removal from the MIG.
The Tribunal found insufficient compelling medical evidence to support these claims, preferring the insurer's expert assessments which concluded the injuries were predominantly minor soft tissue injuries with no significant psychological impairment.
The application was dismissed, and the applicant was held to the $3,500 MIG limit, with entitlement to the disputed treatment plans only if already incurred under the MIG.
Applicant barred from disputing income replacement benefit denial until attending requested insurer examinations.
The applicant was injured in a motorcycle accident and applied for income replacement benefits, which the insurer denied because the applicant failed to attend a section 44 insurer examination.
The applicant argued he had a medical note excusing his attendance.
The Tribunal found that while the medical note provided a reasonable explanation for missing the initially scheduled examination, it did not excuse the applicant's failure to attend the rescheduled examination or make subsequent attempts to reschedule.
The Tribunal held that the applicant is barred under section 55(2) of the Schedule from proceeding with his application until he attends the insurer examinations.
Accident benefits appeal dismissed as applicant failed to prove financial dependency on the policy holder.
The applicant was injured as a pedestrian in a motor vehicle accident in British Columbia and sought statutory accident benefits from the respondent insurer under his sister's policy.
The respondent denied the benefits on the basis that the applicant was not an 'insured person' under the Schedule.
The Tribunal found that the applicant failed to provide sufficient evidence to prove he was financially dependent on his sister at the time of the accident.
Furthermore, the applicant was precluded from making an election under s. 59 of the Schedule because he had already received accident benefits from the Insurance Corporation of British Columbia.
The appeal was dismissed.
Applicant denied attendant care and non-earner benefits but awarded costs for chronic pain and attendant care assessments.
The applicant sought payment for statutory accident benefits following a motor vehicle accident, including attendant care benefits, a non-earner benefit, and the cost of various assessments.
The Licence Appeal Tribunal found the applicant was not entitled to attendant care benefits or a non-earner benefit, as she failed to prove the expenses were reasonable and necessary or that she suffered a complete inability to carry on a normal life.
However, the Tribunal ordered the respondent to pay for a chronic pain assessment and two Assessments of Attendant Care Needs, finding them to be reasonable and necessary expenses, along with applicable interest.
Psychological trauma from driving a fatally shot passenger to a closed hospital is not an accident.
The applicant sought statutory accident benefits for psychological impairments sustained after her boyfriend was fatally shot in a drive-by shooting while they were stopped at a red light.
Following the shooting, the applicant drove frantically to what she believed was the nearest hospital, only to find it closed.
She argued her psychological impairments arose from the use and operation of the vehicle during this drive.
The Tribunal applied the Greenhalgh test and found that the dominant feature of the incident was the lethal assault, not the operation of the automobile.
The use of the vehicle was merely ancillary and did not directly cause the impairments.
The application was dismissed as the incident did not meet the definition of an 'accident' under the Schedule.
Application for accident benefits dismissed due to applicant's failure to attend arbitration hearing.
The applicant sought statutory accident benefits following a motor vehicle accident.
At the arbitration hearing, the applicant failed to attend.
The applicant's legal representatives brought a motion to withdraw as counsel due to a breakdown in the solicitor-client relationship, which was granted.
Because the applicant did not appear and presented no evidence to support his claims, his application for benefits was dismissed.
The applicant was ordered to pay the insurer's expenses in the amount of $1,750.