3 total
Application for accident benefits dismissed; applicant failed to prove complete inability to carry on normal life.
The applicant sought statutory accident benefits following a motor vehicle accident, including non-earner benefits, transportation expenses, chiropractic services, and lost educational expenses.
The Licence Appeal Tribunal dismissed the application in its entirety.
The adjudicator found the applicant failed to prove a complete inability to carry on a normal life, noting she resumed her university studies with the same course load as before the accident.
The claims for transportation and chiropractic services were dismissed for lack of evidence establishing they were reasonable and necessary.
The claim for lost educational expenses was denied because the tuition expenses were incurred after the accident, contrary to the requirements of section 21(5) of the Schedule.
Applicant removed from Minor Injury Guideline due to chronic pain; insurer ordered to pay for assessment.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied a treatment plan for a chronic pain assessment, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant suffered from chronic pain syndrome and related psychological impairments, removing him from the MIG.
The Tribunal preferred the evidence of the applicant's chronic pain specialist over the insurer's physiatrist, who failed to address the psychological components of the pain.
The Tribunal also found the insurer failed to comply with the procedural requirements of section 38 of the Schedule by responding to the treatment plan almost a year late.
The applicant was awarded the cost of the assessment and interest.
Application for accident benefits dismissed as impairments were not directly caused by the motor vehicle accident.
The applicant sought accident benefits following a motor vehicle accident where a garage door closed on his car.
The insurer denied the treatment plans, arguing the applicant's injuries fell under the Minor Injury Guideline (MIG) and were related to pre-existing conditions.
The arbitrator found no compelling evidence that the applicant suffered an impairment directly related to the accident or that his pre-existing chronic pain was exacerbated by it.
The application for medical benefits, cost of examinations, and interest was dismissed.
No co-appearing lawyers found.
No judges found.