Dr. R. Doran

The applicant sought income replacement benefits (IRBs) and medical benefits following a motor vehicle accident.

The adjudicator found the applicant's testimony credible regarding the heavy physical demands of his pre-accident employment as a drywaller and steel framer.

Relying on the applicant's evidence and his treating chronic pain specialist, the adjudicator concluded the applicant suffered a substantial inability to perform the essential tasks of his employment due to pain, and awarded IRBs.

However, the claims for medical benefits and the cost of an examination were dismissed because the applicant failed to submit the disputed treatment plans into evidence.

The claim for a special award was also dismissed as the insurer reasonably relied on its own medical experts.

The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) and medical benefits from his insurer.

The insurer denied the benefits based on its assessors' reports.

The Licence Appeal Tribunal found the applicant's testimony regarding his heavy physical labour as a drywaller and his debilitating pain to be credible, supported by his treating chronic pain specialist and the insurer's own kinesiologist.

The Tribunal awarded IRBs of $400 per week.

However, the claims for medical benefits and examination costs were dismissed because the applicant failed to enter the disputed treatment plans into evidence.

The Tribunal declined to award costs or a special award, finding the insurer did not act in bad faith.