Dr. Tenenbaum

The applicant sought statutory accident benefits following a motor vehicle accident, including non-earner benefits (NEBs) and various treatment plans for physiotherapy, a psychological assessment, and a chronic pain assessment.

The Tribunal found that the applicant failed to establish a complete inability to carry on a normal life, noting that the applicant's evidence only showed some activities were more difficult, not that he was prevented from engaging in them.

The Tribunal also dismissed the claims for the treatment plans, finding the applicant failed to provide sufficient evidence or submissions to establish that the proposed treatments were reasonable and necessary.

The claim for incurred physiotherapy expenses was dismissed as the expenses were incurred prior to the submission of a treatment plan.

The application was dismissed in its entirety.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant applied to the Licence Appeal Tribunal, arguing that pre-existing conditions, psychological impairments, and chronic pain warranted removal from the MIG.

The Tribunal found that the applicant failed to provide compelling medical evidence to support removal from the MIG.

Consequently, the disputed treatment plans were deemed not reasonable and necessary, and the application was dismissed.

The applicant was injured in a motor vehicle accident and sought various medical, rehabilitation, and assessment benefits beyond the $3,500 limit of the Minor Injury Guideline (MIG).

The respondent denied the benefits, arguing the injuries were minor.

The Tribunal found that the applicant's physical injuries were predominantly minor and that she failed to provide persuasive medical evidence of chronic pain or psychological impairment that would remove her from the MIG.

As the respondent had already substantially provided the $3,500 MIG limit, the Tribunal dismissed the claims for the disputed treatment plans and assessments.