2 total
Counsel for MVAC disqualified from tort claim due to conflict of interest from acting in concurrent accident benefits claim.
The plaintiffs brought a motion to remove the defendant MVAC's counsel of record from the tort claim.
The counsel was acting for MVAC in both the accident benefits claim and the tort claim.
After initially accepting the plaintiff's catastrophic impairment designation, the counsel abruptly reversed the decision hours later without explanation.
The court found that a reasonably informed onlooker would perceive a possibility of conflict and misuse of information, warranting the disqualification of counsel to maintain the integrity of the administration of justice.
Application for physical therapy benefits dismissed as the evidence primarily supported psychological rather than physical impairments.
The applicant was injured in a motor vehicle accident and sought a medical benefit of $2,920.62 for physical therapy.
The respondent denied the treatment plan.
At the hearing, the applicant relied on the evidence of his occupational therapist, who testified about his anxiety and need for community reintegration.
The respondent relied on an orthopaedic surgeon who found the applicant's physical injuries had healed and required no further facility-based treatment.
The adjudicator dismissed the application, finding that the treatment plan was specifically for physical therapy, and the applicant failed to prove it was reasonable and necessary given the lack of supporting physical evidence.
