Dr. T. Levy

The applicant requested a reconsideration of a previous Licence Appeal Tribunal decision that denied her entitlement to a treatment plan for vestibular physiotherapy.

The applicant argued the Tribunal erred in law by applying the incorrect legal test for res judicata.

The Adjudicator agreed, finding that the previous decision relied on an incorrect four-part test rather than the binding three-part test from the Supreme Court of Canada, and failed to properly analyze whether the same issue had been previously decided.

Upon reconsidering the merits, the Adjudicator found the applicant was partially entitled to the treatment plan in the amount of $2,697.28, as the treatment was reasonable and necessary for her accident-related post-concussion symptoms, though costs incurred prior to the plan's submission were excluded under s. 38(2) of the Schedule.

The applicant was involved in a motor vehicle accident and sought statutory accident benefits for a psychological assessment, pre-screening, and psychological treatment.

The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued that the respondent's denial notices were procedurally defective under s. 38(8) of the Schedule.

The Tribunal found that the respondent's denial notices were sufficient and timely.

The Tribunal concluded that the applicant failed to meet his burden of proving that his injuries warranted removal from the MIG or that the proposed treatment plans were reasonable and necessary.

The application was dismissed.