Aliah Zain

The applicant sought statutory accident benefits following a motor vehicle accident, including an income replacement benefit (IRB) and numerous treatment and assessment plans.

The Licence Appeal Tribunal dismissed the application in its entirety.

The adjudicator found that the applicant failed to prove a substantial inability to perform the essential tasks of his pre-accident employment, relying on the respondent's medical assessments which found no residual physical or neurological impairments preventing his return to work.

The adjudicator also denied all disputed treatment plans, finding that several were not entered into evidence, while others included unpayable expenses such as personal protective equipment (PPE) and unauthorized transportation costs.

As no benefits were payable, the claim for interest was also dismissed.

The applicant sought various statutory accident benefits following a motor vehicle accident, including attendant care benefits, treatment plans for chiropractic and psychological services, assistive devices, and several assessments.

The Tribunal found that while the applicant demonstrated a need for attendant care benefits during the disputed period, he failed to prove the expenses were incurred, rendering them not payable.

The Tribunal granted the treatment plans for a nutritional assessment and a chronic pain assessment, finding them reasonable and necessary based on the applicant's reported symptoms and medical records.

The remaining claims were dismissed for lack of evidence or because the Tribunal lacked jurisdiction over items not proven to have been submitted to or denied by the insurer.