Dayana Soto Santana

The applicant sought statutory accident benefits following a motor vehicle accident, including treatment plans for an orthopaedic assessment, assistive devices, chiropractic services, and a non-earner benefit.

The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove the treatment plans were reasonable and necessary, largely due to a lack of supporting medical evidence and failure to submit the OCF-18 forms.

The Tribunal also denied the non-earner benefit, relying on insurer examinations and surveillance evidence showing the applicant continued to engage in normal daily activities and employment.

The applicant sought statutory accident benefits following a motor vehicle accident but was denied by the respondent insurer on the basis that the injuries fell within the Minor Injury Guideline (MIG).

The applicant applied to the Licence Appeal Tribunal.

The adjudicator excluded late-filed medical evidence from the applicant due to non-compliance with disclosure rules.

Relying on the insurer's examinations, the adjudicator found the applicant failed to prove the injuries warranted removal from the MIG.

Consequently, the disputed treatment plans and claims for interest were dismissed.