3 total
Reconsideration request dismissed; Tribunal lacks jurisdiction to award punitive damages for bad faith claims.
The applicant requested a reconsideration of a decision finding that the Licence Appeal Tribunal does not have jurisdiction to determine bad faith claims for punitive damages.
The applicant argued that the adjudicator erred in law by finding that the legislature removed punitive damages as an available remedy absent clear language, and by failing to appreciate that the Insurance Act and the Statutory Accident Benefits Schedule do not displace the common law remedy.
The adjudicator dismissed the request, finding that the applicant was merely relitigating arguments that failed at the hearing and had not demonstrated any significant error of law or fact that would result in a different decision.
Various treatment plans partially approved subject to the applicant's $50,000 statutory funding limit.
The applicant was injured in a motor vehicle accident and sought various medical and rehabilitation benefits from the respondent insurer under the Statutory Accident Benefits Schedule.
The respondent denied several treatment plans, leading the applicant to apply to the Licence Appeal Tribunal.
The adjudicator found that the occupational therapy, psychological, and one chiropractic treatment plan were partially or fully reasonable and necessary, subject to the applicant's $50,000 funding limit.
The optometric treatment plan and a second chiropractic treatment plan were deemed not reasonable and necessary.
The adjudicator also held that the applicant was entitled to interest on incurred expenses but declined to deem any expenses incurred due to unreasonable delay.
Applicant not barred from proceeding with benefits claim where insurer's examination notice lacked medical reasons.
The applicant sought non-earner benefits following a motor vehicle accident.
The respondent insurer raised a preliminary issue, arguing the applicant was barred from proceeding with the application for failing to attend three scheduled insurer's examinations under section 44 of the Statutory Accident Benefits Schedule.
The Tribunal found that while the request for the examinations was reasonably necessary, the notice provided by the respondent was non-compliant because it failed to include medical reasons for the examinations, citing only procedural reasons.
As the notice was defective, the applicant was not required to attend the examinations and is not barred from proceeding with the application.
