3 total
Application for accident benefits dismissed; subdural hematoma found unrelated to accident and injuries subject to MIG.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming catastrophic impairment due to a subdural hematoma, as well as entitlement to attendant care benefits, non-earner benefits, and various treatment plans outside the Minor Injury Guideline (MIG).
The Tribunal found that the subdural hematoma was a spontaneous occurrence unrelated to the accident.
The Tribunal further held that the applicant's injuries were predominantly minor, keeping her subject to the MIG limits.
Consequently, the claims for attendant care benefits, non-earner benefits, and treatment plans exceeding the MIG were dismissed.
Application for catastrophic impairment benefits dismissed as SPECT scans failed to establish intracranial pathology.
The applicant was injured in a motorcycle accident and sought statutory accident benefits, claiming a catastrophic impairment due to a traumatic brain injury under section 3.1(1)4 of the Schedule.
The applicant relied on SPECT scans and an occupational therapy assessment to satisfy the two-prong test.
The Tribunal assigned no weight to the SPECT scans, finding they failed to distinguish the age of the injury or account for the applicant's pre-existing psychological issues.
As the applicant failed to establish positive findings of intracranial pathology on a medically recognized brain diagnostic technology, the application was dismissed.
Application for accident benefits dismissed as applicant failed to prove treatment plans were reasonable and necessary.
The applicant sought payment for various treatment plans, including chiropractic services, a brain SPECT scan, medical services, and physiotherapy, following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to prove the treatment plans were reasonable and necessary.
The Tribunal preferred the evidence of the respondent's insurer's examination over the applicant's medical reports, noting the lack of physical examinations or detailed explanations of rehabilitative benefits in the applicant's evidence.
Furthermore, the treatment plans themselves were not entered into evidence.
No co-appearing lawyers found.
No judges found.