7 total
Application for accident benefits dismissed; injuries found to be minor and subject to the MIG limit.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing his injuries fell outside the Minor Injury Guideline (MIG) due to chronic pain syndrome and psychological impairment.
The Licence Appeal Tribunal found the applicant's evidence, including his family doctor's clinical notes, insufficient to support his claims, noting significant gaps in reporting pain or psychological issues.
The Tribunal preferred the respondent's insurer examination reports, which concluded the injuries were soft-tissue in nature and treatable within the MIG.
The application for disputed treatment plans and interest was dismissed.
Application for accident benefits dismissed as injuries remained within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The Tribunal found that the applicant failed to prove her physical or psychological injuries warranted removal from the MIG.
The Tribunal preferred the respondent's expert evidence, noting the applicant's quick return to work and the lack of objective psychometric testing by her psychological expert.
The Tribunal also found the respondent's denial letters complied with s. 38(8) of the Schedule.
The application was dismissed.
Application for accident benefits dismissed; proposed psychological and physiotherapy treatment plans found not reasonable and necessary.
The applicant sought payment for psychological and physiotherapy treatment plans following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application.
The claim for psychological services was denied as the applicant provided no evidence or submissions.
The claim for physiotherapy was denied because the adjudicator accepted the respondent's medical evidence that the applicant had reached maximum medical recovery and resumed pre-accident sporting activities, finding the proposed treatment was not reasonable and necessary.
Applicant removed from Minor Injury Guideline due to chronic pain; chronic pain assessment approved.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The respondent insurer denied a treatment plan for a chronic pain assessment, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant established he suffers from chronic pain with functional impairments, warranting removal from the MIG.
The Tribunal ordered the respondent to pay $2,460.00 for the chronic pain assessment and interest on overdue benefits, but denied the applicant's request for a special award under s. 10 of Regulation 664.
Non-earner benefit denied due to post-accident accomplishments; chiropractic treatment plan approved for pain relief.
The applicant sought a non-earner benefit (NEB) and a medical benefit for chiropractic services following a motor vehicle accident.
The insurer denied the NEB on the basis that the applicant did not suffer a complete inability to carry on a normal life, and denied the medical benefit as not reasonable and necessary.
The adjudicator found that the applicant was not entitled to the NEB, as she had successfully returned to school and secured full-time employment post-accident, demonstrating an ability to engage in substantially all of her pre-accident activities.
However, the adjudicator found the proposed chiropractic treatment plan to be reasonable and necessary for pain relief, noting that the applicant's symptoms had improved with similar past treatment.
The medical benefit was granted with interest.
Application for accident benefits dismissed as statute-barred and injuries fell within the Minor Injury Guideline.
The respondent denied several treatment plans and assessments, and the applicant applied to the Licence Appeal Tribunal for dispute resolution.
The Tribunal found that the applicant's claims for the treatment plans and assessments were statute-barred, as the application was filed more than two years after the respondent's clear and straightforward denials, and there were no reasonable grounds to extend the limitation period.
Furthermore, relying on the uncontradicted reports of the respondent's medical assessors, the Tribunal concluded that the applicant's injuries fell within the Minor Injury Guideline (MIG).
Because the applicant had already exhausted the $3,500 MIG limit, the claim for additional medication expenses was dismissed.
Chiropractic treatment plan approved as reasonable and necessary; hospital expense claim denied for lack of causation.
The applicant sought statutory accident benefits following a motor vehicle accident, specifically claiming for a chiropractic treatment plan and a hospital emergency room visit.
The respondent insurer denied the claims.
The Licence Appeal Tribunal found the chiropractic treatment plan to be reasonable and necessary, as it helped reduce pain and increase range of motion, despite the insurer's medical reports suggesting otherwise.
However, the Tribunal denied the claim for the hospital visit, finding the applicant failed to prove it was directly related to the accident.
No co-appearing lawyers found.
No judges found.