Dr. J. Muhlstock

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs) and medical/rehabilitation benefits.

The Licence Appeal Tribunal found that the applicant did not suffer a substantial inability to perform the essential tasks of her pre-accident employment as a caregiver, nor a complete inability to engage in any employment post-104 weeks, and thus denied the IRBs.

However, the Tribunal found the claimed treatment plans for chiropractic, massage, physiotherapy, and mental health therapy to be reasonable and necessary due to objective evidence of physical and psychological impairments caused by the accident.

The medical benefits and interest on overdue payments were awarded.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the insurer.

The insurer denied income replacement benefits and took the position that the applicant's impairments fell within the Minor Injury Guideline (MIG), denying various treatment plans and assessments.

The Arbitrator found the applicant credible and preferred the evidence of his treating practitioners and assessors over the insurer's assessors, whose reports were found to be conclusory or incomplete.

The Arbitrator concluded the applicant suffered from chronic pain and driver anxiety, removing him from the MIG.

The applicant was awarded income replacement benefits, the disputed medical and assessment costs, and interest.