Dr. Gregory Karmy

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied benefits, arguing that the applicant's traumatic brain injury was caused by an intervening event—a fall from an examination table during medical treatment months after the accident.

The Tribunal agreed, finding the fall broke the chain of causation.

Consequently, the claim for a non-earner benefit and assessments related to the brain injury were dismissed.

However, the Tribunal found that treatment plans for chiropractic, physiotherapy, and aqua therapy services related to the accident injuries were reasonable and necessary, and ordered their payment with interest.

This motion for default judgment was brought by Security National Insurance Company, as assignee of the plaintiff, against the at-fault operator, Anthony Williams, following a motor vehicle accident.

Williams had been noted in default.

The court assessed liability and damages, finding Williams liable and the $300,000 settlement paid by Security National to the plaintiff to be fair and reasonable compensation for her injuries, which included chronic pain and psychological issues meeting the Insurance Act threshold.

Default judgment was granted against Williams, along with costs.

The applicant sought various medical and rehabilitation benefits following a motor vehicle accident.

The Tribunal found the insurer's notices denying two treatment plans for physiotherapy, massage therapy, and assistive devices were deficient under s. 38(8) of the Schedule, rendering them payable.

However, a separate treatment plan for assistive devices was denied as a duplication of services.

The Tribunal also denied the disputed balance of a psychological treatment plan and a proposed orthopaedic assessment, finding the applicant failed to establish they were reasonable and necessary.