5 total
Applicant awarded income replacement benefits up to June 2023 due to accident-related psychological impairment.
The applicant was involved in a motor vehicle accident and sought an income replacement benefit (IRB) from the respondent insurer.
The Tribunal found that the applicant sustained an accident-related psychological impairment that caused a substantial inability to perform the essential tasks of her pre-accident employment as a grocery store cashier.
Furthermore, the Tribunal determined that this impairment caused a complete inability to engage in any reasonably suited employment past the 104-week mark, but that this complete inability resolved by June 2, 2023, when she was ready to return to work.
The applicant was awarded an IRB of $400 per week from October 4, 2020, to June 2, 2023, plus interest on overdue payments.
Application for accident benefits dismissed; applicant failed to prove injuries warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent 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 chronic pain and psychological impairments.
The Tribunal found insufficient medical evidence of functional impairment arising from chronic pain or psychological injuries, preferring the respondent's insurer's examinations over the applicant's medical reports.
The application was dismissed, and the applicant was found not entitled to the disputed treatment plans, interest, or an award.
Non-earner benefits denied for lack of evidence; psychological treatment plan partially approved based on IE recommendation.
The applicant sought non-earner benefits and funding for two psychological treatment plans following two motor vehicle accidents.
The Licence Appeal Tribunal dismissed the claim for non-earner benefits, finding the applicant failed to provide sufficient evidence of his pre-accident activities to demonstrate a complete inability to carry on a normal life.
The Tribunal also denied the outstanding balance of the first psychological treatment plan.
However, the Tribunal partially approved the second psychological treatment plan for $1,696.13, preferring the recommendation of the respondent's own assessor who suggested an additional block of sessions to consolidate treatment gains.
Application for income replacement benefits dismissed as applicant failed to prove substantial inability to perform pre-accident employment.
The applicant sought an income replacement benefit (IRB) following a motor vehicle accident, claiming she suffered a substantial inability to perform her pre-accident employment duties as a lab technician assistant.
The respondent insurer terminated the IRB based on insurer examinations concluding the applicant sustained only minor strain injuries and did not suffer a substantial inability to work.
The tribunal dismissed the application, finding the applicant failed to present expert medical evidence or other proof demonstrating a substantial inability to perform her essential work tasks, while the medical evidence suggested she should remain active and attempt to return to work.
Application for non-earner and medical benefits dismissed as applicant failed to meet evidentiary burden.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including a non-earner benefit, various medical and rehabilitation assessments, a special award, and interest.
The respondent insurer denied the benefits.
The Licence Appeal Tribunal found that the applicant failed to prove she suffered a complete inability to carry on a normal life, as evidence showed she could perform the majority of her pre-accident activities.
The Tribunal also dismissed the claims for medical and rehabilitation benefits, finding the applicant did not provide sufficient medical evidence to prove the treatment and assessments were reasonable and necessary.
As no benefits were payable, the claims for a special award and interest were also dismissed.
No co-appearing lawyers found.
No judges found.