Dr. Indech

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for various treatment plans and assessments.

The insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline.

The Tribunal found that the applicant's chronic pain and the medical evidence supported that his injuries were not minor.

The Tribunal ordered the insurer to pay for four treatment plans for physical therapy and an orthopaedic assessment, finding them reasonable and necessary.

An in-home assessment was deemed incurred because the insurer unreasonably denied it without adequate medical reasons.

However, a cognitive assessment recommended by a chiropractor was denied as it was beyond the chiropractor's scope of practice and unsupported by psychological evidence.

The applicant was injured in a motor vehicle accident and sought payment of $3,225.80 for a chiropractic treatment plan.

The insurer denied the claim based on an insurer's examination.

The Licence Appeal Tribunal found that the applicant failed to prove the treatment was reasonable and necessary, noting that neither the insurer's orthopaedic surgeon nor the applicant's own orthopaedic assessor supported the recommended manipulation and exercise.

The application was dismissed.

The appellant, a pedestrian injured in a motor vehicle accident, appealed an arbitration decision that terminated his weekly income benefits and ordered him to repay overpaid benefits.

The Director of Arbitrations upheld the arbitrator's findings that the appellant was no longer substantially unable to perform the essential tasks of his occupation, based on medical and rehabilitation evidence.

Furthermore, the Director affirmed the arbitrator's conclusion that the appellant's financial records were unreliable and constructed after the accident, justifying the calculation of his income benefits at the minimum rate.

The appeal was dismissed.

The Applicant was injured in a motor vehicle accident when struck as a pedestrian.

She received weekly income benefits until July 27, 1993, and subsequently applied for arbitration claiming ongoing entitlement and payment for a medical report.

The arbitrator found that the Applicant was substantially able to perform the essential tasks of her pre-accident job as an industrial sewing machine operator, preferring the evidence of orthopaedic surgeons over her pain management physician.

The claim for the medical report was also dismissed as it was deemed a medicolegal report rather than a certificate under the Schedule.

The Applicant was awarded her arbitration expenses.