Dr. J. Townley

The applicant was injured in a motor vehicle accident and sought a medical benefit for an occupational therapy treatment plan, which the respondent insurer denied.

The Tribunal found that the accident exacerbated the applicant's pre-existing chronic low back pain and caused new impairments, including neck pain and psychological symptoms.

Relying on the medical evidence, including the applicant's treating professionals and several independent assessments, the Tribunal concluded the treatment plan was reasonable and necessary to address her physical and psychological impairments.

The applicant was awarded the medical benefit and interest on overdue payments.

Following a reconsideration order, the Licence Appeal Tribunal redetermined the applicant's entitlement to an income replacement benefit (IRB).

The Tribunal found that the applicant suffered a substantial inability to perform the essential tasks of her pre-accident employment as a customer service representative due to chronic pain in her left arm and shoulder.

The Tribunal preferred the evidence of the applicant and her medical expert over the insurer's experts, noting that the applicant's ongoing pain and functional limitations were consistent with an inability to perform her work tasks.

The applicant was awarded IRBs of $341.96 per week for the disputed period, plus interest.

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

The insurer denied certain benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that the applicant suffered from chronic pain that caused significant functional impairment, thereby removing her from the MIG.

The Tribunal ordered the insurer to pay for disputed occupational therapy and chiropractic treatment plans, finding them reasonable and necessary.

However, the Tribunal dismissed the applicant's claim for ongoing income replacement benefits, concluding she failed to prove a substantial inability to perform the essential tasks of her pre-accident employment.