5 total
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline limits.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on pre-existing conditions, psychological impairment, and chronic pain.
The Tribunal found insufficient evidence that the pre-existing conditions precluded recovery within the MIG.
The Tribunal preferred the insurer's psychological and musculoskeletal assessments, finding no diagnosable psychological disorder or chronic pain with functional impairment.
As the applicant's injuries were predominantly minor and the MIG limits were exhausted, the application for additional medical benefits and interest was dismissed.
Application for accident benefits dismissed as chiropractic treatment plans were not reasonable and necessary.
The applicant sought statutory accident benefits for two chiropractic treatment plans totaling over $17,000 following a motor vehicle accident.
The respondent insurer denied the plans on the basis that the physical injuries were soft tissue in nature and resolved, noting a prior workplace injury to the same areas.
The Tribunal found that the applicant failed to prove the treatment plans were reasonable and necessary, citing inconsistencies in the medical records, a two-year gap in treatment, and the significant role of the prior workplace injury.
The application was dismissed.
Applicant removed from Minor Injury Guideline but denied treatment plans for failing to specify provider details.
The adjudicator found that the applicant's injuries fell outside the Minor Injury Guideline (MIG) due to pre-existing physical conditions and an exacerbation of psychological injuries, relying on the respondent's own Insurer's Examination reports.
However, the adjudicator dismissed the claims for various treatment plans, finding them not reasonable and necessary because they proposed block fees without specifying the provider or duration of modalities, contrary to the Professional Services Guideline.
Claims for the costs of disability certificates, interest, and costs of the proceeding were also dismissed.
Applicant entitled to income replacement benefits due to accident-related chronic pain and psychological impairments; special award denied.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) after the respondent terminated them.
The Tribunal found that the applicant suffered from chronic pain and psychological impairments caused by the accident, rendering her substantially unable to perform the essential tasks of her pre-accident employment as a general labourer.
The Tribunal ordered the respondent to pay the IRBs and interest on overdue amounts.
The applicant's claim for a special award under Regulation 664 was dismissed, as the respondent's initial denial of treatment plans was not unreasonable given the medical evidence available at the time.
Applicant's claims for income replacement and medical benefits dismissed for lack of supporting evidence.
The applicant was involved in three motor vehicle accidents in 2010 and 2011 and sought statutory accident benefits from the insurer, including income replacement benefits and medical benefits for various chiropractic and physiotherapy treatment plans.
The insurer denied the claims, arguing that the applicant did not suffer a substantial inability to perform the essential tasks of his employment and that his injuries fell within the Minor Injury Guideline.
The arbitrator dismissed the applicant's claims, finding that he provided virtually no evidence regarding his pre-accident employment or the extent of his injuries.
The arbitrator relied on the insurer's medical assessments, which concluded that the applicant's injuries were minor and did not warrant treatment outside the Minor Injury Guideline.
The insurer was awarded $4,000 in arbitration expenses.
No co-appearing lawyers found.
No judges found.