3 total
Tribunal approves neurological and chronic pain assessments but denies treatment plans and special award.
The applicant sought various treatment and assessment plans following a motor vehicle accident.
The Tribunal denied the physiotherapy and chiropractic treatment plans, finding them not reasonable and necessary due to a lack of contemporaneous corroborating medical evidence.
The Tribunal approved a neurological assessment and a chronic pain assessment, noting ongoing headache complaints and a combination of physical and psychological injuries.
An attendant care assessment was denied as the applicant was independent in his activities of daily living.
The claim for a special award was dismissed because the insurer relied on independent medical experts.
Tribunal awards physiotherapy for post-concussion syndrome but denies other treatment plans for lack of medical evidence.
The applicant sought entitlement to statutory accident benefits for various treatment plans following a motor vehicle accident.
The Licence Appeal Tribunal found that the applicant was entitled to a treatment plan for physiotherapy services aimed at treating post-concussion syndrome, preferring the evidence of the applicant's assessors who conducted in-person and comprehensive evaluations over the respondent's virtual assessment.
However, the Tribunal dismissed the claims for other physiotherapy, chiropractic, massage, exercise therapy, and prescription eyewear, finding insufficient contemporaneous medical evidence to establish that they were reasonable and necessary.
Application for chiropractic accident benefits dismissed as treatment plans were overlapping and not reasonable or necessary.
The applicant sought payment for three chiropractic treatment plans following a motor vehicle accident.
The respondent denied the benefits, arguing the treatments were not reasonable and necessary and pointing to the applicant's extensive pre-existing conditions, including fibromyalgia and chronic pain.
The Tribunal found that the applicant failed to meet his burden of proof, noting that the proposed treatment plans overlapped and duplicated services, reducing their reliability.
The Tribunal preferred the respondent's section 44 musculoskeletal assessment, which concluded the applicant had reached maximum medical improvement for soft-tissue injuries.
The application was dismissed, and no interest was awarded.
No co-appearing lawyers found.
No judges found.