Dr. Murray McCutcheon

The applicant sought non-earner benefits and funding for two physiotherapy treatment plans following a motor vehicle accident.

The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove a complete inability to carry on a normal life, as he returned to work post-accident and provided insufficient evidence of his pre-accident activities.

The Tribunal also denied the physiotherapy treatment plans, noting the applicant's back impairments likely resulted from two subsequent accidents and that he failed to demonstrate the proposed treatment was reasonable and necessary.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy and a psychological assessment outside the Minor Injury Guideline (MIG).

The insurer denied the benefits, arguing the injuries were predominantly minor.

The Tribunal found the applicant's medical evidence unpersuasive and preferred the respondent's insurer's examination report, which concluded the injuries were minor soft-tissue injuries with no exacerbating pre-existing conditions.

The Tribunal held the applicant's injuries fell within the MIG and dismissed the application for the disputed treatment plans and interest.