3 total
Application for accident benefits dismissed as injuries fell within the Minor Injury Guidelines and functional limitations were unproven.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that her injuries fell within the Minor Injury Guidelines (MIG).
She claimed entitlement to ongoing income replacement benefits (IRBs) and a $23,581.00 medical benefit for assessments.
The Licence Appeal Tribunal found that the applicant's injuries were confined to the MIG, noting that her family doctor's records, surveillance evidence, and insurer's examinations contradicted her claims of chronic pain and functional limitation.
The Tribunal dismissed the claim for IRBs, finding the applicant did not suffer a substantial inability to perform the essential tasks of her employment, and denied the medical benefit as the proposed assessments were not reasonable and necessary.
The application was dismissed in its entirety.
Applicant's psychological injuries removed them from the Minor Injury Guideline, but ongoing income replacement benefits were denied.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits.
The respondent denied ongoing income replacement benefits (IRBs) and took the position that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant was not entitled to IRBs beyond August 3, 2016, as medical evidence did not establish a substantial inability to perform the essential tasks of their pre-accident employment.
However, the Tribunal determined that the applicant suffered psychological injuries, including driver and passenger phobia and a depressive disorder, which removed them from the MIG.
Consequently, the disputed psychological assessment and the treatment plan for chiropractic, massage, and physiotherapy were deemed reasonable and necessary and were approved with interest.
Accident benefits largely denied due to applicant's lack of credibility and resumption of bodybuilding activities.
The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement, attendant care, housekeeping, and medical benefits.
The arbitrator found the applicant lacked credibility, noting numerous contradictions and inconsistencies in his testimony and medical evidence.
The applicant had resumed working as a personal fitness trainer and participating in bodybuilding competitions during the period he claimed to be disabled.
The claims for income replacement, attendant care, and housekeeping benefits were dismissed due to a lack of credible evidence.
However, the arbitrator approved one treatment plan for $3,510.00 and the cost of an MRI for $569.80, finding them reasonable and necessary based on the credible testimony of the treating chiropractor.
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