3 total
Application for statutory accident benefits dismissed as treatments and assessments were not proven reasonable and necessary.
The applicant sought statutory accident benefits following a motor vehicle accident, including psychological services, physiotherapy, and assessments for chronic pain and orthopedic issues.
The respondent denied the benefits.
The Tribunal found that the applicant failed to prove the treatments and assessments were reasonable and necessary.
Specifically, the Tribunal ruled that a psychotherapist is not entitled to the same hourly rate as a psychologist under the Professional Services Guideline absent evidence of equivalent services or close supervision.
The Tribunal also accepted the respondent's independent medical examination report, which concluded the applicant had reached maximal medical recovery.
The application was dismissed, and claims for interest and an award were denied.
Accident benefits claim dismissed; applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits and medical/rehabilitation benefits outside the Minor Injury Guideline (MIG) due to chronic pain and psychological injuries.
The Tribunal found the applicant's injuries were predominantly minor, as the evidence did not support a diagnosis of chronic pain or psychological impairment sufficient to remove him from the MIG.
Because the MIG limits were exhausted, the disputed treatment plans were not payable.
The claim for income replacement benefits was also dismissed for lack of evidence regarding the applicant's inability to perform essential employment tasks.
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from the MIG.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied funding for various treatment and assessment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on chronic pain and psychological impairments.
The Tribunal found insufficient objective medical evidence to support chronic pain with a functional impairment, noting negative imaging and a section 44 assessment showing full range of motion.
The Tribunal also preferred the respondent's psychological assessment, which found the applicant exaggerated symptoms and did not meet the criteria for a psychological impairment.
The application was dismissed, and the applicant's request for an award was denied.
No co-appearing lawyers found.
No judges found.