Dr. J.E. Siegel

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy and a chronic pain assessment.

The respondent insurer denied the benefits, arguing the applicant had reached maximum medical recovery.

The Licence Appeal Tribunal found that the applicant continued to suffer from ongoing impairments and had not reached maximum medical recovery.

The Tribunal held that both the physiotherapy treatment and the chronic pain assessment were reasonable and necessary.

The applicant was awarded the disputed benefits and interest, but her claim for a special award for unreasonable delay was dismissed due to a lack of evidence.

The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them at the 104-week mark, asserting she could return to work in alternative occupations.

The applicant brought a motion for interim benefits pending the full arbitration hearing.

The arbitrator reviewed the standard for interim benefits, noting it requires establishing a prima facie case and urgency.

The arbitrator found that the applicant's entitlement raised difficult questions of law regarding the "complete inability" test that should be determined at a full hearing.

Furthermore, the applicant failed to establish sufficient urgency, as the hearing was scheduled to begin in three months.

The motion for interim benefits was dismissed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits and supplementary medical expenses.

The insurer terminated her income replacement benefits, arguing she had recovered and could return to her pre-accident employment as a meat packer.

The arbitrator found that the applicant suffered from chronic pain syndrome and a major depressive disorder caused by the accident, rendering her substantially unable to perform the essential tasks of her employment.

The arbitrator preferred the evidence of the applicant's treating practitioners and experts over the insurer's assessors.

The applicant was awarded ongoing income replacement benefits, supplementary medical expenses, and interest on overdue benefits.