2 total
Application for accident benefits allowed in part; chronic pain assessment granted but non-earner benefits denied.
The applicant sought statutory accident benefits following a motor vehicle accident, including non-earner benefits (NEBs) and several treatment plans for physiotherapy, orthotics, and a chronic pain assessment.
The Licence Appeal Tribunal found that the applicant did not suffer a complete inability to carry on a normal life, as her impairments were not continuous and she was able to work part-time.
The Tribunal denied the physiotherapy and orthotics treatment plans due to a lack of compelling evidence of their reasonableness and necessity.
However, the Tribunal granted the $2,200 treatment plan for a chronic pain assessment, finding that the applicant's pain was worsened by the accident and warranted further investigation.
Statutory accident benefits claim allowed in part; chronic pain assessment approved but physical therapy plans denied.
The applicant was involved in a motor vehicle accident and sought statutory accident benefits for various treatment plans and a chronic pain assessment.
The respondent denied the benefits.
The Licence Appeal Tribunal found that the applicant failed to prove the treatment plans for chiropractic and physical therapy were reasonable and necessary, as they were proposed years after the accident with little evidence of functional improvement.
However, the Tribunal approved the $2,000 chronic pain assessment, finding that the applicant's ongoing physical and psychological symptoms warranted a holistic, multi-disciplinary assessment.
No co-appearing lawyers found.
No judges found.