Dr. John Heitzner

The applicant sought a non-earner benefit and a medical benefit for chiropractic services following a motor vehicle accident.

The Licence Appeal Tribunal dismissed the claim for a non-earner benefit, finding the applicant failed to prove a complete inability to carry on a normal life, noting insufficient evidence of pre- and post-accident activities and surveillance footage showing her performing daily tasks.

However, the Tribunal granted the medical benefit for chiropractic services, finding it reasonable and necessary as the applicant continued to suffer from accident-related impairments and chronic pain syndrome.

Interest was denied as the treatment had not yet been incurred.

The applicant sought income replacement benefits (IRBs) and the cost of an orthopaedic assessment following a motor vehicle accident.

The insurer denied the benefits based on insurer examinations and surveillance video, arguing the applicant did not suffer a substantial inability to perform his pre-accident employment as a truck driver assistant and that his injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant's physical and psychological impairments, combined with the heavy physical demands of his pre-accident employment, entitled him to IRBs.

The Tribunal also found the orthopaedic assessment was reasonable and necessary as the applicant's injuries fell outside the MIG.

Both parties' requests for costs were denied.