2 total
Applicant statute-barred from claiming assessment for failing to attend insurer's examination; most treatment plans denied.
The applicant sought various statutory accident benefits following a November 2019 motor vehicle accident.
The Tribunal found the applicant was statute-barred from proceeding with a claim for an orthopaedic assessment due to her failure to attend a scheduled insurer's examination without a reasonable explanation.
Regarding the substantive claims, the Tribunal denied the majority of the disputed treatment plans for chiropractic services, massage therapy, and assistive devices, finding the applicant failed to prove they were reasonable and necessary on a balance of probabilities.
The Tribunal awarded $200 for documentation support activity with interest, but denied the claim for a section 10 award.
Applicant entitled to pre-104 week income replacement benefits for psychological impairments, but medical benefits denied.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs) and medical benefits.
The Licence Appeal Tribunal found that the applicant's accident-related psychological condition and pain caused a substantial inability to perform the essential tasks of her pre-accident employment as a student placement coordinator, entitling her to IRBs for the pre-104 week period.
However, the Tribunal dismissed her claim for post-104 week IRBs, finding she did not suffer a complete inability to engage in suitable employment.
The Tribunal also denied the claimed medical benefits for physiotherapy, an attendant care assessment, and assistive devices, preferring the insurer's medical evidence that the physical injuries did not warrant the disputed treatment plans.
No co-appearing lawyers found.
No judges found.