Dr. Ballon

The applicant was struck by a vehicle while riding her bicycle and sought statutory accident benefits.

The insurer terminated her income replacement benefits (IRBs) and denied a physiotherapy treatment plan.

The Tribunal found the applicant was entitled to post-104-week IRBs, as her cognitive impairments, fatigue, and required pacing strategies rendered her completely unable to engage in any employment for which she was reasonably suited.

However, the Tribunal denied the physiotherapy treatment plan, finding no ongoing physical impairments that necessitated it.

The claim for an award for unreasonable delay was also dismissed, as the insurer reasonably relied on its assessors' medical opinions.

The applicant was injured in a motor vehicle accident while riding his bicycle and sought statutory accident benefits for physiotherapy, massage therapy, and psychological treatment.

The insurer denied the treatment plans based on section 44 assessments indicating that the applicant had reached maximum medical recovery and that further treatment was not reasonable and necessary.

The Tribunal dismissed the application, finding that the applicant failed to demonstrate the treatments were reasonable and necessary, noting a lack of objective evidence for physical impairment and the applicant's own admission that two years of prior psychological treatment had no beneficial effect.