4 total
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied various chiropractic and psychological treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant failed to prove on a balance of probabilities that he suffered from a pre-existing condition, a psychological impairment, or chronic pain that would warrant removal from the MIG.
The Tribunal preferred the respondent's psychological and physical assessments, noting a lack of psychological symptoms in the treating practitioners' records and no evidence of functional impairment.
The application for the disputed treatment plans, interest, and an award was dismissed.
Application for accident benefits dismissed; medical marijuana contraindicated and PRP therapy deemed experimental.
The applicant sought various medical and rehabilitation benefits following a motor vehicle accident, including natural supplements, medical marijuana, Platelet Rich Plasma (PRP) therapy, physiotherapy, psychological services, and a visual assessment.
The Licence Appeal Tribunal dismissed the application in its entirety.
The Tribunal found that medical marijuana was contraindicated due to the applicant's pre-existing conditions, and that PRP therapy was experimental and thus excluded under s. 15(2)(a) of the Schedule.
Relying on independent medical examinations, the Tribunal concluded that the remaining physical and psychological treatment plans were not reasonable and necessary.
Claim for non-earner benefit dismissed as applicant's limitations stemmed from significant pre-existing conditions.
The applicant sought a non-earner benefit, an award, interest, and costs following a motor vehicle accident.
The respondent denied the benefits, arguing that the applicant's inability to carry on a normal life was due to significant pre-existing physical and psychological conditions, not the accident.
The Tribunal found that the applicant failed to demonstrate a complete inability to carry on a normal life as a result of the accident, noting that his pre-accident conditions had already rendered him unable to work and limited his activities of daily living.
The Tribunal accepted the respondent's insurer's examination reports, which concluded the applicant could still engage in his pre-accident activities.
The claims for a non-earner benefit, an award, interest, and costs were dismissed.
Accident benefits appeal dismissed; applicant failed to prove pre-existing condition or concussion to escape Minor Injury Guideline.
The insurer denied a treatment plan on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued the insurer was precluded from relying on the MIG due to prior approvals, and alternatively, that her pre-existing obesity and alleged post-concussion syndrome removed her from the MIG.
The Tribunal held the insurer provided proper notice and was not precluded from applying the MIG.
The Tribunal further found the applicant failed to provide compelling evidence that her obesity was a documented pre-existing condition that prevented recovery within the MIG cap, or that she suffered a concussion caused by the accident.
The appeal was dismissed.
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