The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the respondent insurer.
The Licence Appeal Tribunal considered whether the applicant was entitled to pre-104 week and post-104 week income replacement benefits (IRBs), various treatment plans, interest, and a special award.
The Tribunal found that the applicant, a self-employed massage therapist, suffered a substantial inability to perform the essential tasks of her employment and was entitled to pre-104 week IRBs.
However, the Tribunal rejected the applicant's claim that her self-employment income was $30,000, finding the supporting documentation unreliable, and instead calculated the IRBs at $169.00 per week based on her originally declared income.
The applicant failed to establish entitlement to post-104 week IRBs.
The Tribunal approved several treatment plans, including occupational therapy, rehabilitation support worker sessions, psychotherapy, an attendant care assessment, and a rollator walker, finding them reasonable and necessary based on the medical evidence, including supportive reports from the respondent's own occupational therapy assessor.
Other treatment plans were denied for lack of evidence.
The Tribunal awarded interest on overdue payments but denied the request for a special award, concluding the insurer's reliance on its own medical reports was not unreasonable.
