Georgina Blanas

The applicant was injured in a motor vehicle accident and sought $1,524.00 for a chiropractic treatment plan.

The respondent insurer denied the benefit, relying on an insurer's examination which concluded the applicant had reached maximum medical improvement.

The Tribunal found the treatment plan reasonable and necessary, placing less weight on the insurer's examination as it was inconsistent with diagnostic imaging and the longitudinal clinical record showing ongoing shoulder and chest impairments.

The applicant was awarded the cost of the treatment plan.

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 applicant claimed to have sustained a psychological injury that would remove him from the MIG.

The Tribunal found that the applicant did not prove on a balance of probabilities that he suffered from a psychological injury warranting removal from the MIG, preferring the respondent's psychological assessment over the applicant's.

As the applicant remained in the MIG, the disputed treatment plans and claim for interest were dismissed.

The applicant was involved in a motor vehicle accident and sought statutory accident benefits.

The respondent insurer denied two physiotherapy treatment plans, arguing the applicant's injuries fell within the $3,500 Minor Injury Guideline (MIG) limit.

The Tribunal found that the applicant had a documented pre-existing workplace injury to his neck and upper back that had not fully resolved prior to the accident.

Relying on compelling medical evidence from the treating physiotherapist and family physician, the Tribunal concluded the pre-existing condition precluded recovery within the MIG.

The Tribunal ordered the respondent to pay for both disputed physiotherapy treatment plans, finding them reasonable and necessary, along with interest on overdue payments.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found the applicant sustained a psychological impairment as a result of the accident, warranting removal from the MIG.

The Tribunal preferred the evidence of the applicant's treating practitioners and section 25 assessor over the respondent's section 44 examiners.

The Tribunal ordered the respondent to pay for the disputed physiotherapy treatment plans, an orthopaedic assessment, a psychological assessment, and psychological services, finding them reasonable and necessary.

Interest was also awarded on overdue benefits.

The applicant sought entitlement to statutory accident benefits for chiropractic and physiotherapy treatment plans following a 2018 motor vehicle accident.

The adjudicator found that the claim for the first treatment plan had already been resolved by agreement between the parties.

For the remaining treatment plans, the adjudicator preferred the evidence of the respondent's insurer's examination assessors, who concluded that the applicant had fully recovered from minor soft tissue injuries and did not require further facility-based treatment.

The application was dismissed, and claims for interest and a special award were denied.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The insurer denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant suffered a psychological impairment as a result of the accident, warranting removal from the MIG.

The Tribunal granted the applicant's claim for a psychological assessment and ambulance transport, finding them reasonable and necessary.

However, the Tribunal dismissed the claims for physical therapy treatment plans, as the medical evidence indicated the physical injuries were minor and could be managed with self-directed exercises.