Anna Kirovska

The applicant was struck by a vehicle while riding her bicycle and sought statutory accident benefits for an orthopaedic assessment and physiotherapy services.

The respondent denied the claims, initially arguing the injuries fell within the Minor Injury Guideline, but later conceding they did not while maintaining the denials.

The Tribunal found that the respondent failed to provide proper medical reasons for denying the orthopaedic assessment, but ultimately dismissed the claim as the assessment was a duplication of services already provided by the applicant's treating orthopaedic surgeon.

However, the Tribunal granted the claim for physiotherapy services, finding them reasonable and necessary to provide short-term pain relief for the applicant's accident-related chronic pain syndrome.

Claims for interest and costs were dismissed.

The applicant was injured in a motor vehicle accident and sought medical benefits for chiropractic treatment under the Statutory Accident Benefits Schedule.

The respondent initially denied the treatment plans but agreed to approve and pay for them prior to the hearing.

The remaining issues were interest and costs.

The Tribunal held that the applicant was entitled to interest on the incurred goods and services from the date the application was filed until the date the respondent agreed to pay.

The Tribunal declined to award costs, finding no evidence that the respondent acted unreasonably, vexatiously, or in bad faith.