Dr. Jaqueline Auguste

The applicant, who was catastrophically impaired in a motor vehicle accident, sought statutory accident benefits for physiotherapy, chiropractic services, and the cost of preparing a guardianship application.

The Licence Appeal Tribunal found the physiotherapy and chiropractic treatment plans to be reasonable and necessary, preferring the evidence of the applicant's treating practitioners over the respondent's paper-review assessor.

However, the Tribunal denied the claim for the guardianship application, ruling that legal costs associated with obtaining an order appointing a litigation guardian are not covered under the Schedule.

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

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

The applicant argued for removal from the MIG based on chronic pain and a psychological impairment.

The Tribunal found that the applicant failed to prove on a balance of probabilities that he suffered from chronic pain with functional impairment or a psychological condition, noting significant gaps in medical treatment and a lack of corroborating evidence in the family physician's records.

The Tribunal concluded the injuries were predominantly minor, dismissing the application for the disputed treatment plans and an award.