Dr. Robert W. Teasell

The applicant sought payment for a psychological services treatment plan and an award for unreasonable delay under the Statutory Accident Benefits Schedule following a 2016 motor vehicle accident.

The Tribunal found the psychological services were not reasonable and necessary, relying on an insurer's examination that concluded the applicant did not meet the diagnostic threshold for a psychological disorder.

However, the Tribunal granted a 20% award under section 10 of Regulation 664, finding the respondent unreasonably delayed approval of a previously submitted occupational therapy treatment plan for nearly two years without explanation.

The appellant was injured in a 1993 motor vehicle accident and claimed ongoing weekly income benefits and psychological treatment expenses.

The insurer terminated benefits in 1997.

The arbitrator found the appellant was not entitled to weekly benefits beyond July 1997 and ordered her to repay a portion of the psychological treatment fees, finding the frequency of sessions unreasonable.

On appeal, the Director's Delegate upheld the arbitrator's findings, noting the appellant's significant pre-existing psychological issues and lack of objective evidence of ongoing disability.

The insurer's cross-appeal was allowed, and the appellant was ordered to repay $17,371.20 in interim benefits previously awarded.

The applicant was injured in a motor vehicle accident and claimed statutory accident benefits for university residence fees, arguing her injuries prevented her from commuting from home as originally planned.

The insurer paid for the first two years but disputed entitlement for subsequent years, alternatively arguing for a deduction of hypothetical commuting and meal costs.

The arbitrator found that the applicant's physical and psychological injuries, including whiplash and post-traumatic stress disorder, rendered her unable to commute daily.

The residence fees were deemed a reasonable rehabilitation expense under section 6 of the Statutory Accident Benefits Schedule.

The arbitrator also rejected the insurer's request to deduct hypothetical commuting costs, finding them speculative.