2 total
Application for accident benefits dismissed; injuries fell within MIG and non-earner benefit test not met.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant suffered predominantly minor soft-tissue injuries and failed to provide compelling medical evidence of chronic pain or psychological impairments warranting removal from the MIG.
Furthermore, the applicant did not establish a complete inability to carry on a normal life, as she continued to engage in most pre-accident activities, and was therefore not entitled to a non-earner benefit.
The application was dismissed.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline limits.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy.
The respondent denied the treatment plan on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The Licence Appeal Tribunal found that the applicant failed to prove her physical or psychological impairments warranted removal from the MIG.
As the MIG limits were exhausted, the treatment plan was not payable and the application was dismissed.