Dr. Thomas Blau

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The respondent insurer placed the applicant in the Minor Injury Guideline (MIG).

After the applicant submitted psychological assessments indicating impairments outside the MIG, the respondent delayed arranging its own psychological assessment for 16 months.

Once the respondent's assessment confirmed the psychological impairments, the respondent removed the applicant from the MIG and approved the disputed treatment plans.

The applicant sought an award under s. 10 of Regulation 664 for unreasonable delay.

The Tribunal found the respondent acted stubbornly and inflexibly by failing to promptly respond to the medical evidence, and ordered an award of 30 per cent of the value of the delayed treatment plans ($3,457.43).

The applicant sought a non-earner benefit and a medical benefit for chiropractic services following a motor vehicle accident.

The Licence Appeal Tribunal dismissed the claim for a non-earner benefit, finding the applicant failed to prove a complete inability to carry on a normal life, noting insufficient evidence of pre- and post-accident activities and surveillance footage showing her performing daily tasks.

However, the Tribunal granted the medical benefit for chiropractic services, finding it reasonable and necessary as the applicant continued to suffer from accident-related impairments and chronic pain syndrome.

Interest was denied as the treatment had not yet been incurred.