Dr. Sreenivasan

The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit and a chiropractic treatment plan.

The Licence Appeal Tribunal dismissed the claim for the non-earner benefit, finding the applicant's inconsistent self-reporting of her pre-accident activities and pre-existing conditions precluded a clear comparison under the Heath test.

However, the Tribunal approved the chiropractic treatment plan, noting the respondent's own occupational therapy assessor found the treatment relieved the applicant's pain.

The Tribunal also ordered the respondent to pay a 50% award under s. 10 of Reg. 664 ($1,300) for unreasonably withholding approval of the treatment plan despite having its own assessor's supportive report.

The applicant was injured in a motor vehicle accident and received income replacement benefits for 104 weeks.

The insurer terminated the benefits, and the applicant sought reinstatement, arguing she suffered a complete inability to engage in any employment for which she was reasonably suited by education, training, or experience due to psychological and physical impairments.

The Tribunal dismissed the application, finding the applicant's self-reports and medical evidence insufficient to meet the post-104 week test, and preferred the respondent's objective functional and vocational assessments which identified suitable sedentary occupations.