Dr. Feigelson

The applicant was injured in a motor vehicle accident and sought entitlement to statutory accident benefits for massage therapy and chiropractic services, which the respondent insurer denied.

The Licence Appeal Tribunal found that the treatment plans were reasonable and necessary, preferring the evidence of the applicant's occupational therapist who conducted a comprehensive in-home assessment over the insurer's independent medical examination.

The Tribunal also dismissed the applicant's preliminary motion to strike the respondent's late-filed written submissions, finding no prejudice to the applicant.

The applicant was awarded the disputed treatment plans and interest on overdue payments.

The applicant sought a non-earner benefit and a medical benefit for physiotherapy following a motor vehicle accident.

The Licence Appeal Tribunal found that the applicant failed to prove a complete inability to carry on a normal life, noting a lack of evidence comparing pre- and post-accident activities and significant pre-existing medical conditions.

The Tribunal also found the physiotherapy treatment plan was not reasonable and necessary due to a lack of compelling medical evidence.

The application was dismissed.

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

The respondent denied payment, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that the applicant's psychological impairments, specifically Somatic Symptom Disorder and Posttraumatic Stress Disorder, took his injuries outside the MIG.

The Tribunal ordered the respondent to pay for a chronic pain assessment and two treatment plans for physiotherapy and chiropractic services, finding them reasonable and necessary.

Two other physiotherapy treatment plans were denied.

Interest was awarded on the overdue payments.