Adam Ly

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied income replacement benefits (IRB) and various medical and rehabilitation benefits, arguing the applicant failed to comply with requests for information under s. 33 of the Schedule.

The Tribunal found the applicant adequately complied with the s. 33 requests and was procedurally entitled to the IRB.

The Tribunal also found that a proposed mattress and chiropractic treatment were reasonable and necessary, preferring the evidence of the applicant's treating practitioners over the respondent's assessors.

The applicant was awarded the disputed benefits with interest.

The applicant was injured in a motor vehicle accident and sought a medical and rehabilitation benefit of $6,177.64 for a massage therapy chair, which the insurer denied.

The Licence Appeal Tribunal found that the applicant met the onus of proving the massage chair was reasonable and necessary for pain relief and to support physical activity, preferring the evidence of the applicant's occupational therapist and physiatrist over the insurer's experts.

The Tribunal ordered the insurer to pay for the massage chair and associated warranty, along with interest on the overdue payment.