Dr. K. McCutcheon

The applicant sought statutory accident benefits following a motor vehicle accident.

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

The applicant claimed chronic pain and psychological impairments warranted removal from the MIG.

The Tribunal found the applicant's medical evidence, consisting of a single clinical note and a disability certificate, insufficient to prove impairments outside the MIG.

The Tribunal accepted the respondent's section 44 assessments, which found no impairments warranting removal.

The application was dismissed, and the applicant remained subject to the MIG limits.

The applicant sought statutory accident benefits following an e-bike collision.

The respondent denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and that she did not suffer a substantial inability to perform the essential tasks of her employment.

The Tribunal found that the applicant failed to prove her injuries warranted removal from the MIG, noting a lack of compelling medical evidence for psychological impairments and relying on insurer's examinations.

The Tribunal also dismissed the claim for income replacement benefits, citing surveillance evidence showing the applicant working and riding a bike.

All claims for medical benefits, attendant care benefits, interest, and an award were dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, including an income replacement benefit (IRB) and a psychological assessment.

The respondent argued the IRB claim was barred by res judicata due to a prior Tribunal decision.

The Tribunal found the IRB claim was barred from February 4, 2020 onward, but not for the preceding period.

The Tribunal awarded an IRB from November 1 to December 2, 2019, because the respondent failed to provide a timely denial notice under s. 36(5)(b) of the Schedule.

The claim for the unapproved portion of a psychological assessment was dismissed as the applicant failed to prove it was reasonable and necessary.

An award under s. 10 of Regulation 664 was denied, but interest was granted on the overdue IRB.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including an income replacement benefit (IRB) and funding for assessments.

The insurer denied the benefits, arguing the applicant suffered predominantly minor injuries.

The Licence Appeal Tribunal found that the applicant suffered from chronic pain causing functional impairment, removing her from the Minor Injury Guideline and entitling her to $65,000 in medical and rehabilitation benefits.

The Tribunal awarded the IRB and the cost of a chronic pain assessment, but denied funding for a psychological assessment and a special award for unreasonable delay.

The applicant sought statutory accident benefits following a motor vehicle accident.

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

The Tribunal found that the applicant failed to prove her physical or psychological impairments warranted removal from the MIG.

The Tribunal also dismissed the claims for non-earner benefits, attendant care benefits, and various treatment plans, finding the applicant did not meet her evidentiary burden and preferring the objective expert evidence provided by the respondent.

The application was dismissed in its entirety.

The applicant sought statutory accident benefits following a 2018 motor vehicle accident.

The respondent insurer denied funding for chiropractic treatment, the unapproved balance of a psychological treatment plan, and an orthopedic assessment.

The Licence Appeal Tribunal found that the applicant's ongoing pain complaints and functional impairments, supported by medical records and an orthopedic assessment diagnosing chronic pain syndrome, justified the disputed treatment plans.

The Tribunal ordered the respondent to pay the full amounts for the chiropractic treatment and orthopedic assessment, a partial amount for the psychological treatment plan, and interest on overdue payments.

The applicant was struck by a vehicle while crossing the street and sought statutory accident benefits.

The insurer determined her injuries fell within the Minor Injury Guideline (MIG) and refused to fund several treatment plans.

The applicant argued that pre-existing conditions, psychological injuries, and chronic pain precluded her recovery within the MIG.

The Tribunal found no evidence that the accident exacerbated her pre-existing conditions or caused psychological injuries or chronic pain.

The Tribunal concluded the applicant sustained minor soft-tissue injuries, was subject to the $3,500 MIG limit, and dismissed the application as the funding limit had been exhausted.

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that her injuries fell within the Minor Injury Guidelines (MIG).

She claimed entitlement to ongoing income replacement benefits (IRBs) and a $23,581.00 medical benefit for assessments.

The Licence Appeal Tribunal found that the applicant's injuries were confined to the MIG, noting that her family doctor's records, surveillance evidence, and insurer's examinations contradicted her claims of chronic pain and functional limitation.

The Tribunal dismissed the claim for IRBs, finding the applicant did not suffer a substantial inability to perform the essential tasks of her employment, and denied the medical benefit as the proposed assessments were not reasonable and necessary.

The application was dismissed in its entirety.