Dr. M. Devlin

The applicant sought statutory accident benefits following a May 2020 motor vehicle accident.

The respondent denied treatment plans for chiropractic, psychological, and psychiatric services on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant failed to establish that she suffered from accident-related chronic pain with functional impairment or a psychological condition that would warrant removal from the MIG, noting a subsequent accident in June 2024 complicated causation.

The Tribunal also found the respondent's denial letters complied with section 38(8) of the Schedule.

The application was dismissed.

The applicant sought accident benefits following a motor vehicle accident, claiming entitlement to chiropractic treatment plans and removal from the Minor Injury Guideline (MIG) due to chronic pain.

The adjudicator found that the applicant failed to meet her burden of proving chronic pain with functional impairment, noting a lack of medical evidence and infrequent visits to her primary care physician.

Relying in part on an insurer's examination which found full range of motion, the adjudicator held the applicant to the MIG.

Consequently, the claims for chiropractic services and interest were dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's denial of several treatment plans (OCF-18s) and an expense for a mouth guard.

The Tribunal found that the insurer properly denied a $3,696.50 chiropractic treatment plan under s. 38(5) of the Schedule because the applicant was subject to the Minor Injury Guideline at the time.

The Tribunal partially approved a physiotherapy treatment plan for $199.50, finding it reasonable and necessary based on the recommendation of a chronic pain specialist.

The remaining treatment plans and expenses were dismissed as the applicant failed to discharge her evidentiary onus to demonstrate they were reasonable and necessary.

Interest was awarded on the overdue payment.

The applicant was injured in a motor vehicle accident and sought income replacement benefits after the respondent terminated them.

The applicant, a personal support worker, returned to work on modified duties and reduced hours.

The Tribunal found that the applicant suffered soft tissue injuries to her cervical and lumbar spine, rendering her substantially unable to perform the physically demanding essential tasks of her pre-accident employment.

The Tribunal ordered the respondent to pay the income replacement benefits with interest, but declined to award costs as the applicant failed to provide evidence of unreasonable conduct by the respondent.

The applicant was injured in two motor vehicle accidents and applied for statutory accident benefits.

The insurer terminated attendant care, housekeeping, and caregiver benefits, and suspended benefits due to the applicant's refusal to attend insurer examinations.

The arbitrator found that the applicant was entitled to additional benefits for specific periods, but not beyond the end of 2004, as the medical evidence did not support ongoing disability.

The arbitrator also held that the insurer unreasonably suspended benefits by requiring the applicant to sign an undertaking to attend future examinations, and awarded a $500 special award.

The applicant, who suffered from secondary progressive multiple sclerosis, was injured in a motor vehicle accident when she was knocked to the ground by a reversing truck.

She applied for statutory accident benefits, claiming the accident accelerated her deterioration and caused a complete inability to carry on a normal life.

The arbitrator found that while the accident caused a short-term exacerbation of her symptoms, it did not materially contribute to her long-term impairments or continuously prevent her from engaging in substantially all of her pre-accident activities.

Claims for non-earner benefits and assistive devices were dismissed, but the cost of two assessments was awarded as they were reasonably incurred.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits, physiotherapy expenses, travel expenses, and the cost of a medical assessment report.

The arbitrator dismissed the claims for income replacement benefits and physiotherapy, finding the applicant's evidence lacked credibility and noting inconsistencies in his testimony regarding his job duties and post-accident conduct.

The arbitrator awarded $52 for travel expenses and $963 for the cost of a physiatry report, finding those expenses reasonable and necessary.

The claim for a special award was dismissed as the insurer's cautious approach was justified given the credibility concerns.

The applicant was injured in a motor vehicle accident and received statutory accident benefits.

The insurer terminated her income replacement benefits at the 104-week mark, arguing she could return to her pre-accident employment as a hairstylist.

The arbitrator found that the applicant's chronic pain substantially disabled her from performing the essential tasks of her employment, as she could only work part-time.

The arbitrator ordered the insurer to pay ongoing income replacement benefits pending a Loss of Earning Capacity offer, as well as certain medical, rehabilitation, and housekeeping benefits.

The applicant's claim for a special award was dismissed.