2 total
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing her injuries warranted removal from the Minor Injury Guideline (MIG) due to chronic pain and psychological impairments.
The Licence Appeal Tribunal found the applicant failed to meet her burden of proof.
The medical evidence, including clinical notes from her family physician, did not corroborate her claims of accident-related chronic pain or psychological injury.
The Tribunal preferred the respondent's insurer's examination reports, which concluded the applicant sustained only minor soft tissue injuries that had resolved.
As the applicant remained within the MIG, her claims for various treatment plans and interest were dismissed.
Accident benefits for brain injury denied due to intervening fall; physical therapy plans approved.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied benefits, arguing that the applicant's traumatic brain injury was caused by an intervening event—a fall from an examination table during medical treatment months after the accident.
The Tribunal agreed, finding the fall broke the chain of causation.
Consequently, the claim for a non-earner benefit and assessments related to the brain injury were dismissed.
However, the Tribunal found that treatment plans for chiropractic, physiotherapy, and aqua therapy services related to the accident injuries were reasonable and necessary, and ordered their payment with interest.
