19 total
Application for accident benefits dismissed as applicant failed to prove treatment plans were reasonable and necessary.
The applicant sought statutory accident benefits following a motor vehicle accident, specifically claiming $1,212.63 for psychological services and $6,194.88 for physiotherapy services.
The respondent partially denied the psychological services based on the Professional Services Guideline hourly rates and denied the physiotherapy services on the basis that the applicant had achieved maximal medical recovery.
The Tribunal found that the applicant failed to meet her burden of proof for both claims, as she provided no submissions regarding the disputed hourly rates and no contemporaneous medical evidence to support the need for further physiotherapy.
The application was dismissed.
Physiotherapy treatment plan approved; insurer's medical examination report rejected for minimizing applicant's injuries.
The applicant was involved in a motor vehicle accident and sought statutory accident benefits for a physiotherapy treatment plan in the amount of $3,631.87.
The respondent insurer denied the plan, relying on an insurer's examination report which concluded the applicant had reached maximum medical improvement from soft tissue injuries.
The adjudicator rejected the insurer's assessment, finding it minimized the applicant's injuries, and preferred the clinical records of the applicant's treating physician and rehabilitation clinic showing ongoing impairments and functional limitations.
The adjudicator concluded the treatment plan was reasonable and necessary and ordered the respondent to pay the claimed amount plus interest.
Application for statutory accident benefits dismissed as applicant failed to prove treatment plans were reasonable and necessary.
The applicant sought statutory accident benefits following a motor vehicle accident, including transportation services, chiropractic services, and psychological assessments and services.
The respondent denied or partially approved the treatment plans.
The Tribunal found that the applicant failed to prove on a balance of probabilities that the disputed treatment plans were reasonable and necessary.
The applicant did not provide sufficient medical evidence to support the need for transportation expenses, facility-based chiropractic treatment outside the Minor Injury Guideline, or extended psychological sessions.
The application was dismissed, and claims for interest and an award for unreasonable delay were also dismissed.
Applicant awarded chronic pain and mental health assessments; other assessment claims and special award dismissed.
The applicant sought various medical and rehabilitation benefits following a 2020 motor vehicle accident.
The adjudicator found the applicant was not subject to the Minor Injury Guideline, as the insurer had previously removed her from it.
The applicant was awarded a chronic pain assessment based on her family doctor's records, and the balance of a mental health assessment due to a non-compliant denial notice by the insurer.
Claims for psychological, physiatry, and neurological assessments were dismissed, as was the claim for a special award under s. 10 of Regulation 664.
Tribunal approves $1,828.10 physiotherapy plan but denies $117.07 balance of earlier plan due to lack of submissions.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for two physiotherapy treatment plans.
The Tribunal found the December 2023 treatment plan for $1,828.10 was reasonable and necessary based on the recommendations of the applicant's family physician and an orthopaedic surgeon.
However, the Tribunal denied the remaining $117.07 from a July 2023 treatment plan because neither party provided submissions regarding the disputed amount.
The application was granted in part, with interest payable on overdue benefits.
Application for accident benefits dismissed; applicant's injuries fall within the Minor Injury Guideline and IRB repayment ordered.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant's injuries were predominantly minor and she did not establish a pre-existing condition, chronic pain, or psychological impairment to warrant removal from the MIG.
The claims for a chronic pain assessment, psychological assessment, and Income Replacement Benefits (IRBs) were dismissed.
The Tribunal also ordered the applicant to repay $1,227.49 in overpaid IRBs to the respondent, as she had returned to work without notifying the insurer.
Application for non-earner benefits dismissed; receipt of income replacement benefits implies denial of mutually exclusive benefits.
The applicant sought non-earner benefits (NEBs) following a motor vehicle accident, arguing the insurer failed to properly deny the NEB claim after initially paying income replacement benefits (IRBs).
The Tribunal held that the acceptance and payment of IRBs implied a denial of NEBs, as the two benefits are mutually exclusive under the current Schedule.
Furthermore, the applicant failed to meet the substantive test for NEBs, as evidence demonstrated she had returned to work, drove her own vehicle, and performed housekeeping tasks, meaning she did not suffer a complete inability to carry on a normal life.
Accident benefits claims dismissed due to lack of corroborating medical evidence supporting the requested treatments.
The applicant sought statutory accident benefits following a motor vehicle accident, including occupational therapy services, medical services, and attendant care benefits.
The respondent denied the benefits, relying on insurer examinations which concluded the applicant had reached maximum medical improvement and did not require the claimed services.
The Tribunal found that the applicant failed to provide corroborating medical evidence from his treating physicians to support the need for the treatment plans or attendant care.
The Tribunal noted significant inconsistencies between the applicant's occupational therapy assessment and his family doctor's clinical notes.
All claims for benefits and interest were dismissed.
Non-earner benefit denied as applicant failed to prove complete inability to carry on a normal life.
The applicant sought a non-earner benefit, interest, and an award under s. 10 of Reg. 664 following a motor vehicle accident.
The Tribunal applied the Heath test and found the applicant failed to prove a complete inability to carry on a normal life, noting his pre-accident baseline involved minimal activity due to prior health issues and there was substantially little change post-accident.
The Tribunal placed little weight on the applicant's physiotherapist certificate as it lacked detail and included psychological diagnoses outside the practitioner's scope.
The application was dismissed in its entirety.
Application for accident benefits dismissed; applicant's injuries remained within the Minor Injury Guideline limits.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that her injuries fell within the Minor Injury Guideline (MIG).
The applicant argued she should be removed from the MIG due to pre-existing conditions, chronic pain, and psychological impairments.
The Licence Appeal Tribunal found that the applicant failed to provide compelling medical evidence that her pre-existing ankylosing spondylitis and arthritis prevented her recovery within the MIG.
The Tribunal preferred the respondent's section 44 assessments, concluding the injuries were predominantly minor soft tissue sprains and strains.
The claims for a non-earner benefit and disputed treatment plans were dismissed, as the applicant did not demonstrate a complete inability to carry on a normal life and remained subject to the MIG limits.
The applicant sought entitlement to statutory accident benefits following a motor vehicle accident, specifically claiming unapproved balances for a psychological assessment and psychological services, as well as a treatment plan for chiropractic and massage therapy.
The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove the claimed costs for the psychological assessment were reasonable.
The Tribunal also held the applicant failed to justify paying a psychotherapist at a psychologist's hourly rate, and lacked sufficient medical evidence to establish that the chiropractic and massage therapy treatments were reasonable and necessary.
Application for accident benefits dismissed; applicant failed to prove chronic pain or pre-existing condition for MIG removal.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing his injuries warranted removal from the Minor Injury Guideline (MIG) due to chronic pain and a pre-existing back condition.
The Tribunal found the applicant failed to establish chronic pain syndrome under the AMA Guides, noting insufficient evidence of medication abuse, excessive dependence on family, or failure to restore pre-injury function.
The Tribunal also found no compelling medical evidence that his pre-existing low back pain precluded recovery within the MIG.
As the injuries were predominantly minor and the MIG limit was exhausted, the claims for additional treatment plans, interest, and a special award were dismissed.
Chronic pain assessment granted based on AMA Guides criteria; chiropractic treatment plans denied for lack of functional impairment.
The applicant sought statutory accident benefits following a motor vehicle accident, specifically claiming entitlement to four treatment plans for chiropractic services and a chronic pain assessment.
The Licence Appeal Tribunal found that the chiropractic treatment plans were not reasonable or necessary, relying on insurer's examinations that showed normal ranges of motion and no functional impairment.
However, the Tribunal found the chronic pain assessment was reasonable and necessary because the applicant met at least three criteria for chronic pain syndrome under the AMA Guides, including emerging cannabis use disorder, fear-avoidance of physical activity, and development of psychological sequelae.
The applicant was awarded the cost of the chronic pain assessment with interest.
Accident benefits denied as applicant's injuries fell within the exhausted Minor Injury Guideline limit.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing her injuries warranted removal from the Minor Injury Guideline (MIG) due to chronic pain and psychological impairment.
The Tribunal found the applicant's injuries were predominantly minor soft-tissue injuries, relying on hospital records and insurer examinations that showed normal range of motion and insignificant psychological symptoms.
As the applicant failed to establish chronic pain with functional impairment or a psychological condition warranting removal from the MIG, and the $3,500 limit was already exhausted, the disputed treatment plans and interest were denied.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The respondent denied certain chiropractic treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The applicant argued for removal from the MIG due to chronic pain and psychological impairments.
The Tribunal found insufficient evidence of functional impairment from chronic pain or a psychological impairment caused by the accident.
As the MIG limits were exhausted, the treatment plans were not payable and the application was dismissed.
Statutory accident benefits denied; injuries found to be minor and subject to the Minor Injury Guideline.
The applicant sought statutory accident benefits following a minor parking lot collision.
The respondent denied a non-earner benefit and various treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant failed to prove a complete inability to carry on a normal life, noting inconsistencies in his testimony and a lack of corroborating medical evidence.
The Tribunal also found the applicant's injuries were predominantly minor and subject to the MIG, as he did not demonstrate any pre-existing condition warranting removal.
The disputed treatment plans were denied as they proposed treatment beyond the MIG limits.
Applicant removed from Minor Injury Guideline due to chronic pain; insurer liable for treatment plans due to defective denial notices.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The insurer denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant suffered from chronic pain, removing her from the MIG.
The Tribunal also held the insurer liable to pay for physiotherapy, massage therapy, and a psychological assessment because its denial notices failed to comply with section 38 of the Schedule.
Claims for a physiatry assessment, a disability certificate fee, and a special award were dismissed.
Psychological impairments removed applicant from Minor Injury Guideline, but physical injuries remained capped.
The Tribunal found that the applicant's pre-existing psychological condition was exacerbated by the accident, removing her psychological impairments from the MIG and entitling her to a psychological assessment.
However, the applicant failed to prove her physical injuries were outside the MIG, so her claims for physiotherapy and an attendant care assessment were denied.
The claim for an award for unreasonable withholding of benefits was also dismissed.
Applicant's psychological impairments placed her outside the Minor Injury Guideline; physical rehabilitation treatment plans denied.
The Licence Appeal Tribunal found that while the applicant's physical injuries were minor, her psychological impairments, including depression and anxiety, placed her outside the MIG.
The Tribunal denied five treatment plans for facility-based physical rehabilitation, finding the applicant had reached maximal recovery for her physical injuries.
However, the Tribunal approved the cost of a social work assessment up to the $2,000 statutory limit, finding it reasonable and necessary to address her ongoing psychological impairments.
Both parties' requests for costs were denied.
No co-appearing lawyers found.
No judges found.