2 total
Application for accident benefits largely dismissed; one chiropractic treatment plan approved for pain reduction.
The applicant sought statutory accident benefits following two motor vehicle accidents in 2017 and 2019.
The Licence Appeal Tribunal found that the applicant failed to prove her psychological impairments were caused by the accidents, attributing her symptoms to personal and financial stressors.
Claims for income replacement benefits, attendant care benefits, and most medical benefits were dismissed, as the applicant had returned to work and independent medical examinations showed she did not require the claimed assistance.
The Tribunal granted one treatment plan for chiropractic services related to the 2019 accident, finding it reasonable and necessary for pain reduction.
The claim for a section 10 award was dismissed.
Application for catastrophic impairment and accident benefits dismissed; psychological issues found to be pre-existing.
The applicant sought a determination of catastrophic impairment and entitlement to attendant care and housekeeping benefits following a 2013 motor vehicle accident.
The Licence Appeal Tribunal found that the applicant's psychological issues, primarily anxiety, were pre-existing and related to prior health crises, not the accident.
The Tribunal concluded the applicant did not sustain a catastrophic impairment under either the 55% whole person impairment threshold or the marked impairment in adaptation criterion, noting her ability to travel, socialize, and adapt to her pain.
Because the applicant was not catastrophically impaired, her claims for attendant care and housekeeping benefits were dismissed as time-barred and not payable.
No co-appearing lawyers found.
No judges found.