Dr. S. McDowell

The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits, including an income replacement benefit (IRB) and medical/rehabilitation benefits.

The respondent insurer terminated the IRB and denied further treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit was exhausted.

The Tribunal found the applicant failed to prove a substantial inability to perform the essential tasks of her employment as a server, noting she had returned to work and lacked corroborating medical evidence.

The Tribunal also held the applicant did not establish non-minor injuries such as chronic pain or a psychological impairment.

The application was dismissed.

The applicant sought statutory accident benefits for psychological treatment following a motor vehicle accident.

The insurer denied two treatment plans for psychological services, relying on an insurer's examination which concluded that the applicant's symptoms were resolving and only a limited number of additional sessions were required.

The Tribunal found that the applicant failed to prove the disputed treatment plans were reasonable and necessary, noting that the applicant had already returned to normal activities and the proposed plans did not reflect his apparent improvements.

The application was dismissed, and claims for interest and a special award were consequently denied.