Dr. Kelly Sun

The applicant sought an income replacement benefit and funding for a physiotherapy treatment plan following a motor vehicle accident.

The respondent raised a preliminary issue that the applicant was barred from proceeding for failing to attend insurer's examinations.

The Tribunal found the respondent's notices of examination were non-compliant with the Schedule, allowing the hearing to proceed.

On the substantive issues, the Tribunal dismissed the application, finding the applicant failed to prove a substantial inability to perform the essential tasks of her employment due to inconsistencies in her evidence regarding her return to work.

The Tribunal also denied the treatment plan as the applicant failed to provide goals or corroborating medical evidence to establish it was reasonable and necessary.