2 total
Application for costs of neurological examinations dismissed as applicant failed to prove a traumatic brain injury.
The applicant sought entitlement to the costs of three examinations (a Neurology Assessment, an E.E.G., and an MRI) following a motor vehicle accident, claiming he suffered a head injury causing headaches and pain.
The respondent denied the benefits, arguing the applicant's headaches were cervicogenic and related to a soft-tissue injury.
The Tribunal found no objective medical evidence of a neurological disability or impairment resulting from the accident.
Relying on the reports of the insurer's examiner and other specialists, which aligned with the family doctor's findings, the Tribunal concluded the examinations were not reasonable and necessary.
The application was dismissed.
Medical benefits granted for accident-related impairments, but income replacement benefits denied due to insufficient disability.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs) and medical/rehabilitation benefits.
The Licence Appeal Tribunal found that the applicant did not suffer a substantial inability to perform the essential tasks of her pre-accident employment as a caregiver, nor a complete inability to engage in any employment post-104 weeks, and thus denied the IRBs.
However, the Tribunal found the claimed treatment plans for chiropractic, massage, physiotherapy, and mental health therapy to be reasonable and necessary due to objective evidence of physical and psychological impairments caused by the accident.
The medical benefits and interest on overdue payments were awarded.
No co-appearing lawyers found.
No judges found.