Dr. Usha Buenger

The applicant sought statutory accident benefits following a motor vehicle accident while a passenger on a bus.

The Licence Appeal Tribunal found that four treatment plans for assistive devices and occupational therapy were reasonable and necessary, given the applicant's physical and cognitive decline post-accident.

However, the Tribunal denied two treatment plans for physiotherapy and kinesiology, finding that the applicant had not benefited from past physical therapy and was unlikely to engage in it due to other health issues and personal behaviours.

The Tribunal also denied the applicant's request for an award, finding no unreasonable conduct by the insurer.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for fitness classes, chiropractic and massage treatments, acupuncture, and housekeeping expenses.

The arbitrator found that the applicant suffered from chronic pain and reasonably required the fitness classes and ongoing chiropractic and massage treatments.

The claim for acupuncture was also allowed, as the applicant established a prima facie case for its reasonableness.

However, the claim for housekeeping and home maintenance expenses was dismissed because the evidence, including a functional capacity evaluation, showed the applicant was capable of performing the tasks by pacing herself.

Finally, the arbitrator ordered the insurer to pay a special award of $350 for unreasonably withholding chiropractic benefits pending dispute resolution.

The applicant was injured in a rear-end motor vehicle accident and sought ongoing income replacement benefits after the insurer terminated them.

The arbitrator found no objective physical injury but accepted that the applicant developed significant emotional and psychological problems resulting in a substantial inability to perform her essential job tasks.

However, evidence showed she was functionally able to operate a chip wagon business on her own by the summer of 1997.

The arbitrator ordered the insurer to pay income replacement benefits from the date of termination until June 1, 1997.