3 total
Application for accident benefits dismissed; applicant failed to prove psychological impairment warranting removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant claimed a psychological impairment warranted removal from the MIG, relying on a psychological assessment.
The Tribunal found the psychological assessment was not corroborated by the contemporaneous clinical notes of the applicant's family physician.
The Tribunal concluded the applicant did not prove an accident-related psychological impairment warranting removal from the MIG.
As the MIG limits were exhausted, the claims for treatment plans and interest were dismissed.
Medical benefit for physiotherapy and chiropractic treatment granted; claim for unreasonable delay award dismissed.
The applicant was injured in a motor vehicle accident and sought a medical benefit of $4,086.68 for physiotherapy, chiropractic treatment, and massage therapy, which the respondent insurer denied.
The Licence Appeal Tribunal found the treatment plan to be reasonable and necessary, noting the applicant's consistent reports of pain and improvement with treatment.
The Tribunal ordered the respondent to pay the medical benefit and interest on the overdue amount.
However, the applicant's claim for an award under Regulation 664 for unreasonable delay was dismissed, as the insurer relied on a medical assessment at the time of denial.
Insurer ordered to pay minor shortfalls in caregiver and housekeeping benefits based on assessment recommendations.
The Applicant was injured in a motor vehicle accident and claimed statutory accident benefits for caregiver and housekeeping expenses.
The Insurer paid portions of the claims but denied others based on in-home assessments and insurer examinations.
The Arbitrator reviewed the medical evidence, including reports from occupational therapists and physiatrists, and found the Applicant was entitled to an additional $310.00 for caregiver benefits and $42.50 for housekeeping expenses for specific periods where the Insurer unreasonably denied or miscalculated the benefits.
Claims for periods after October 2005 were dismissed as the evidence showed the Applicant had regained independence in her activities of daily living.
No co-appearing lawyers found.
No judges found.