Dr. Lubber

The applicant sought a determination of catastrophic impairment and entitlement to various medical and rehabilitation benefits following a motor vehicle accident.

The Tribunal found that the applicant was not catastrophically impaired, as he only demonstrated a moderate impairment in adaptation and a 37% whole person impairment, falling short of the required thresholds.

The Tribunal approved three treatment plans for chiropractic and massage therapy up to the non-catastrophic policy limits, but dismissed the remaining claims as the limits were exhausted.

The applicant's claim for an award under Regulation 664 was dismissed, as the insurer's reliance on its assessors did not constitute unreasonable conduct.

However, the Tribunal awarded $500 in costs against the respondent because its counsel unreasonably interfered with a summonsed witness, which delayed the hearing.

The applicant sought post-104-week income replacement benefits (IRBs) following a motor vehicle accident.

The respondent terminated IRBs at the 104-week mark based on insurer examinations suggesting the applicant did not suffer a complete inability to engage in suitable employment.

The Tribunal found that the applicant's pre-existing psychological impairments, primarily anxiety, were exacerbated by the accident and prevented her from maintaining employment or self-employment.

The Tribunal preferred the applicant's medical evidence over the respondent's dated assessments.

The applicant was awarded ongoing IRBs, though the quantum was reduced to $107.25 per week due to an initial calculation error by the employer, plus interest on overdue amounts.