Dr. Bradbury

The applicant sought accident benefits following a motor vehicle accident, claiming entitlement to chronic pain and orthopedic assessments.

The respondent denied the benefits on the basis that 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 chronic pain impairment or a psychological condition caused by the subject accident that would warrant removal from the MIG.

The Tribunal also found that the respondent's denial notices complied with the requirements of s. 38(8) of the Schedule.

As the applicant remained subject to the MIG, the disputed treatment plans were not payable and the application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's determination that his injuries fell within the Minor Injury Guideline (MIG).

The applicant claimed entitlement to a $2,200 psychological treatment plan, arguing he suffered from accident-related psychological impairments.

The Tribunal found the applicant failed to meet his burden of proving his injuries warranted removal from the MIG, relying on the respondent's psychological assessment which found no impairment.

The Tribunal also rejected the applicant's procedural argument that the respondent's denial notice was non-compliant.

The application was dismissed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, specifically $1,700 for an occupational therapy assessment.

The insurer denied the benefit based on insurer examination reports suggesting no residual physical impairment and no functional limitations from psychological issues.

The Licence Appeal Tribunal found the assessment reasonable and necessary to address the applicant's functional limitations arising from her accident-related psychological impairment, noting her ongoing struggles with focus, concentration, and work duties.

However, the Tribunal dismissed the applicant's claim for a special award under s. 10 of Regulation 664, finding that the insurer's reliance on its medical assessors was not excessive, imprudent, or stubborn.

The applicant was awarded the cost of the assessment plus interest.

The applicant sought statutory accident benefits following a motor vehicle accident, specifically a treatment plan for physiotherapy.

The respondent denied the plan based on an insurer's examination report.

The Tribunal found the treatment plan reasonable and necessary to support the applicant's maximal recovery from cervical spine and shoulder impairments.

The Tribunal approved the treatment plan but denied the applicant's claims for interest and a special award, finding the respondent's reliance on its medical expert was appropriate.

The applicant, a pedestrian struck by a vehicle, sought various statutory accident benefits including attendant care, physiotherapy, psychological services, and a neuropsychological assessment.

The insurer denied the benefits.

The Licence Appeal Tribunal found that the applicant suffered a fractured ankle and a mild concussion but returned to work quickly and demonstrated high functional independence.

Claims for attendant care, occupational therapy, and psychological services were dismissed as not reasonable and necessary.

Physiotherapy claims were denied for failure to exhaust collateral benefits.

The Tribunal granted the request for a neuropsychological assessment and minor medication expenses.

A claim for a special award for unreasonable withholding of benefits was dismissed.

The applicant sought statutory accident benefits for physiotherapy and chiropractic treatment following a motor vehicle accident.

The respondent denied the treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant's physical and psychological injuries were minor and fell within the MIG, relying on the uncontradicted reports of the respondent's insurer examination assessors.

As the applicant had exhausted the $3,500 MIG limit, the claims for medical benefits were dismissed.

Claims for interest and costs were also dismissed.