Dr. R. Tavares

The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement benefits (IRBs), medical benefits for chiropractic and psychological treatment, and an award for unreasonable delay.

The Tribunal found the applicant was not entitled to IRBs, as medical evidence and surveillance footage showing the applicant performing heavy lifting for his pre-accident employer contradicted his claim of substantial inability to work.

The claim for chiropractic treatment was dismissed as duplicative of an already approved plan.

However, the Tribunal granted the unapproved portion of the psychological treatment plan, preferring the treating providers' recommendation of 1.5-hour sessions over the insurer's examination assessor's unexplained recommendation of 1.0-hour sessions.

The claim for an award was dismissed, but interest was awarded on the overdue psychological benefit.

The applicant sought statutory accident benefits following a motor vehicle accident, including ongoing income replacement benefits (IRBs) and medical benefits for a chronic pain assessment and physiotherapy.

The Licence Appeal Tribunal found that the applicant was substantially unable to perform the essential tasks of her pre-accident 'heavy' employment for the first 104 weeks due to chronic pain and psychological issues, entitling her to IRBs for that period.

However, she failed to prove a complete inability to engage in any suitable employment after 104 weeks.

The Tribunal also found the proposed chronic pain assessment and physiotherapy treatment plans to be reasonable and necessary, ordering them payable if incurred, along with interest on overdue benefits.