Dr. G. Soon-Shiong

The applicant sought medical benefits for physiotherapy and a bone growth stimulator following a motor vehicle accident.

The respondent denied the benefits and sought repayment of an income replacement benefit overpayment.

The Tribunal found that the treatment plans were not reasonable and necessary, relying on insurer's examination reports and surveillance indicating the applicant had reached maximum medical improvement.

The Tribunal also denied the respondent's request for repayment, finding that the formal request was made outside the 12-month statutory limitation period under section 52 of the Schedule.

The application was dismissed in its entirety.

The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits, including an income replacement benefit (IRB) and medical/rehabilitation benefits.

The respondent insurer terminated the IRB and denied further treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit was exhausted.

The Tribunal found the applicant failed to prove a substantial inability to perform the essential tasks of her employment as a server, noting she had returned to work and lacked corroborating medical evidence.

The Tribunal also held the applicant did not establish non-minor injuries such as chronic pain or a psychological impairment.

The application was dismissed.