Dr. Darrell Justice Ogilvie-Harris

The applicant was injured in a motor vehicle accident and sought various treatment and assessment plans under the Statutory Accident Benefits Schedule.

The Licence Appeal Tribunal found the applicant was entitled to a psychological assessment and psychological treatment, as the medical evidence, including clinical notes from his treating physician and a section 25 assessment, supported diagnoses of adjustment disorder and specific phobia.

However, the Tribunal denied the remaining physical treatment and assessment plans, finding the applicant failed to meet his burden of proving they were reasonable and necessary.

Claims for a special award and costs were also dismissed, though interest was awarded on the overdue psychological benefits.

The applicant sought statutory accident benefits following a motor vehicle accident, claiming her physical and psychological injuries, as well as chronic pain, warranted removal from the Minor Injury Guideline (MIG).

The respondent denied the claims, arguing the injuries were soft tissue in nature and resolved prior to a subsequent workplace accident.

The Tribunal found that the applicant failed to prove causation, as medical evidence indicated her motor vehicle accident injuries had resolved before the workplace incident.

The Tribunal also rejected the applicant's psychological and chronic pain claims, preferring the corroborating medical evidence that showed no such impairments prior to the workplace accident.

The application was dismissed, and the applicant was not entitled to the disputed treatment plans, an award, or interest.

The applicant sought statutory accident benefits 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) and the $3,500 limit had been exhausted.

The Tribunal found that the applicant failed to provide compelling medical evidence of a pre-existing condition or that his injuries, including alleged chronic pain syndrome, fell outside the MIG.

As the MIG limit was exhausted, the disputed treatment plans were not payable.

The application was dismissed, along with claims for interest and an award under Regulation 664.