Dr. M. Martin

The applicant sought non-earner benefits and medical benefits following a motor vehicle accident.

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

The Tribunal found that the applicant sustained a minor injury and did not suffer a complete inability to carry on a normal life.

However, because the insurer failed to comply with the notice provisions under sections 36 and 38 of the Schedule, the applicant was awarded non-earner benefits for the period of non-compliance (January 18 to April 30, 2019) and an attendant care assessment plan incurred during the period of non-compliance.

The remaining assessment plans were denied as not reasonable and necessary, and the claim for an award was dismissed.

The Applicant was struck by a vehicle in a parking lot, sustaining a right knee sprain and psychological injuries.

She also had a pre-existing hip condition that required surgery.

The Tribunal found that the accident did not cause or accelerate the need for hip surgery, but did cause chronic knee pain that prevented her from working.

The Applicant was awarded income replacement benefits, physiotherapy, and psychological treatment.

Claims for attendant care benefits and occupational therapy related to her hip surgery were dismissed, as was her claim for a special award.