2 total
Application for post-104-week IRB and treatment plans dismissed for insufficient evidence of entitlement.
The applicant was injured in a motor vehicle accident and sought a post-104-week income replacement benefit (IRB) and several treatment plans under the Statutory Accident Benefits Schedule.
The Licence Appeal Tribunal found that the applicant failed to provide evidence regarding his education, training, or experience, and thus did not meet the test for a post-104-week IRB.
The Tribunal also dismissed the claims for the treatment plans, finding that the applicant either failed to make specific submissions on their necessity or that the insurer's examinations, which concluded the treatments were not reasonable and necessary, carried more weight.
The application was dismissed in its entirety.
Reconsideration granted to adjourn hearing due to new unavailability of expert witness.
The applicant sought reconsideration of a decision denying a consent request to adjourn a hearing pending a global mediation.
The Executive Chair granted the reconsideration and the adjournment, finding that the subsequent unavailability of the applicant's expert witness constituted new information that would have affected the original decision.
The Executive Chair also criticized the lack of transparency and reasons in the original denial.
