Dr. M. Friedlander

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for a functional cognitive test battery and a chronic pain assessment, which the respondent insurer denied.

The Licence Appeal Tribunal found that the applicant's pre-existing chronic pain was exacerbated by the accident, making the chronic pain assessment reasonable and necessary.

However, the Tribunal denied the functional cognitive test battery, finding no evidence of a cognitive deficit unrelated to the applicant's psychological impairments.

The Tribunal also denied the applicant's request for an award under Regulation 664, as the insurer's reliance on its independent medical examinations was not unreasonable.

The applicant was injured in a motor vehicle accident in November 2016 and sought statutory accident benefits from the respondent insurer.

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

The Licence Appeal Tribunal found that the applicant suffered from chronic pain syndrome and a specific driving-related phobia caused by the 2016 accident, removing her from the MIG.

The Tribunal granted the applicant's claims for a physiotherapy treatment plan and a psychological assessment, finding them reasonable and necessary, but denied a claim for occupational therapy services.

The applicant was also awarded interest on overdue benefits.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits, attendant care benefits, and medical benefits.

The Licence Appeal Tribunal found the applicant was not entitled to ongoing income replacement benefits or attendant care benefits, as the medical evidence did not support a substantial inability to perform essential tasks or a need for ongoing care.

The Tribunal also denied requests for psychological and chronic pain assessments.

However, the Tribunal found that orthotic devices were reasonable and necessary, ordering the respondent to pay for them.

Claims for an award and costs were dismissed.

The applicant sought ongoing income replacement benefits (IRBs) more than 104 weeks after a motor vehicle accident, claiming a complete inability to work due to chronic pain and psychological impairments.

The respondent insurer terminated IRBs based on insurer examinations indicating the applicant could perform alternative employment.

The Licence Appeal Tribunal found that the applicant's condition had improved, she had reached maximum medical improvement, and she possessed transferable skills suitable for roles such as a beauty salon attendant or cashier.

The Tribunal concluded the applicant failed to meet the post-104 week disability test.

Additionally, the applicant's claim for the cost of a chronic pain assessment was denied because it was incurred before submitting a treatment plan, contrary to section 38(2) of the Schedule.

The application was dismissed.