2 total
Applicant awarded non-earner benefits and treatment plans; attendant care benefits denied as not incurred.
The applicant was struck by a vehicle as a pedestrian and sought statutory accident benefits, including non-earner benefits, attendant care benefits, and various treatment plans.
The respondent denied the benefits, arguing that the applicant's cognitive impairments were due to a recent multiple sclerosis diagnosis rather than the accident.
The Tribunal found that the accident was a necessary cause of the applicant's concussion and related impairments.
The Tribunal awarded non-earner benefits, finding the applicant was practically prevented from engaging in her pre-accident activities, including her university studies.
The Tribunal also found the applicant required $83.00 per month in attendant care services, but held they were not payable as they had not been incurred.
Several treatment plans were approved, some due to the respondent's failure to provide clear reasons for denial under s. 38(8) of the Schedule.
The claim for an award under Regulation 664 was dismissed.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant was injured in a motor vehicle accident and sought medical and rehabilitation benefits for chiropractic treatment.
The respondent denied the claims on the basis that the injuries fell within the Minor Injury Guideline (MIG).
The applicant argued that pre-existing lower back pain and other injuries, including a partial rotator cuff tear and a labral tear, warranted removal from the MIG.
The Tribunal found that the applicant's injuries were predominantly minor and that his pre-existing conditions did not prevent maximal medical recovery.
The application for benefits and interest was dismissed.
