2 total
Application for catastrophic impairment and non-earner benefits dismissed; applicant failed to meet impairment thresholds.
The applicant sought statutory accident benefits following a 2012 motor vehicle accident, claiming she sustained a catastrophic impairment and was entitled to non-earner benefits.
The Tribunal found the applicant did not meet the 55% whole person impairment threshold under Criterion 7, nor did she demonstrate the required marked impairments under Criterion 8.
The Tribunal preferred the evidence of the respondent's assessors, noting the applicant successfully attends university full-time and maintains part-time employment.
The claims for catastrophic impairment and non-earner benefits were dismissed.
Minor applicant awarded accident benefits for psychological and occupational therapy, plus a $2,000 unreasonable delay award.
The applicant, a minor injured in a motor vehicle accident, sought various statutory accident benefits that were denied by the respondent insurer.
The Tribunal found the applicant was entitled to treatment plans for psychological services, occupational therapy, a neuropsychological assessment (subject to the $2,000 statutory cap), and other goods and services including karate and skating lessons.
The Tribunal denied the claim for physiotherapy services, finding the reported pain was psychosomatic and decreasing.
The Tribunal also awarded $2,000 under section 10 of Regulation 664, finding the respondent unreasonably delayed and withheld benefits by ignoring medical recommendations and failing to provide ordered productions.
No co-appearing lawyers found.
No judges found.