Chris Rizzo

The applicant was injured in a rear-end motor vehicle collision and sought statutory accident benefits from the respondent insurer.

The insurer initially denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG), but later conceded the injuries were outside the MIG.

The Tribunal found that the disputed treatment plans for assistive devices, chiropractic treatment, and a functional abilities evaluation were reasonable and necessary to manage the applicant's ongoing pain and assist her in her self-employment.

The Tribunal ordered the insurer to pay the disputed benefits with interest, but declined to order a special award as the insurer's delay did not prejudice the applicant.

The insurer requested a reconsideration of a Licence Appeal Tribunal decision regarding an insured's entitlement to an income replacement benefit (IRB).

The insurer argued the Tribunal failed to address whether it could rely on s. 37(7) of the Statutory Accident Benefits Schedule to refuse paying the IRB after the insured failed to attend a scheduled physiatric examination.

The Executive Chair granted the reconsideration, finding the Tribunal erred by not determining the issue.

The Tribunal's order was amended to clarify that the insurer is not required to pay the IRB between the date of the missed examination and the date the insured actually attends.

The applicant sought income replacement benefits and medical benefits following a motor vehicle accident.

The respondent raised preliminary issues regarding the applicant's failure to attend a physiatry insurer examination (IE) and failure to provide information under section 33 of the Schedule.

The Tribunal held that the applicant is barred from proceeding with her IRB claim until she attends the physiatry IE, as the respondent's request was reasonably necessary.

However, the Tribunal found that the applicant had provided sufficient information and documentation to the respondent, meaning her claim was not barred under section 33.

Neither party was awarded costs.