2 total
Application for judicial review dismissed; interest on retroactive accident benefits runs from claim filing date.
The applicant sought judicial review of a Director's Delegate's decision upholding an arbitrator's rulings on interest and costs in an accident benefits dispute.
The applicant argued that interest on retroactive attendant care benefits should be calculated from an earlier date, and challenged the costs award.
The Divisional Court dismissed the application, finding that the interest issue was squarely governed by the court's prior decision in Grigoroff, which held that interest runs from the date the retroactive claim form is filed.
The court also found the costs award was highly discretionary and the Delegate's decision to uphold it was reasonable.
Applicant removed from Minor Injury Guideline due to chronic pain, but disputed treatment plans denied.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's injuries were not predominantly minor due to chronic pain, removing her from the MIG.
However, the Tribunal dismissed the claims for the disputed treatment plans, finding that the applicant failed to prove on a balance of probabilities that the chiropractic treatments and psychological assessment were reasonable and necessary.
