Mr. Allan Walton

The applicant was injured in a motor vehicle accident and sought post-104 week income replacement benefits (IRBs) and a physiotherapy treatment plan.

The respondent terminated IRBs based on insurer examinations concluding her physical injuries had resolved.

The Tribunal found that the accident was a necessary cause of the applicant's chronic pain syndrome, which rendered her completely unable to engage in suitable employment.

The Tribunal awarded ongoing IRBs and interest.

The physiotherapy treatment plan was denied as the applicant had reached maximum medical recovery.

The Tribunal also ordered a $2,800 award against the respondent under Regulation 664 for unreasonably failing to provide the applicant's chronic pain assessment report to its own medical examiners, which prejudiced the assessment process.

The plaintiff sought damages for injuries sustained in a rear-end motor vehicle accident.

The court found the defendant entirely at fault.

The court concluded the plaintiff's injuries, which included chronic pain and post-concussion syndrome, met the statutory threshold as a permanent serious impairment of an important physical function.

The plaintiff was awarded $100,000 in general damages, $1,993.10 in special damages, and $143,560.78 for future care costs.

Claims for past and future income loss were dismissed as the plaintiff failed to establish she would have worked as a dental assistant but for the accident.