Dr. J. Lee

The applicant sought entitlement to a non-earner benefit, various medical and rehabilitation benefits, and the cost of assessments following a motor vehicle accident.

The Licence Appeal Tribunal found that the applicant did not suffer a complete inability to carry on a normal life, as he continued to engage in many pre-accident activities and was employed at the time of the accident.

The Tribunal also dismissed the claims for physiotherapy, a functional ultrasound, a chronic pain assessment, and a cognitive assessment, finding them not reasonable and necessary given the soft-tissue nature of the injuries.

The respondent was ordered to pay $460.00 for the outstanding cost of a psychological assessment, but claims for an award and interest were dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, including non-earner benefits, a chronic pain program, a chronic pain assessment, and psychological counselling.

The adjudicator dismissed the claim for non-earner benefits, finding that the applicant failed to prove a complete inability to carry on a normal life, as his post-accident limitations were largely similar to his pre-accident condition.

The claims for the chronic pain program and assessment were also dismissed because the applicant had a pre-existing diagnosis of chronic pain syndrome, and the medical evidence failed to establish that the accident materially contributed to it.

However, the adjudicator granted the claim for psychological counselling, finding that the accident materially contributed to an exacerbation of the applicant's pre-existing mental health symptoms, as supported by the respondent's own psychological expert.