Dr. Zachary Bain

The applicant requested a reconsideration of a Licence Appeal Tribunal decision that partially denied a treatment plan for home modifications, including the location of a new garage, new flooring, electrical rewiring, and a therapy room addition.

The applicant argued the adjudicator made errors of law and fact, specifically regarding the Tribunal's jurisdiction to consider municipal encroachment for the garage location and the assessment of tripping hazards.

The Tribunal dismissed the request, finding no errors of law or fact.

The adjudicator confirmed the Tribunal lacks jurisdiction under section 280 of the Insurance Act to determine municipal encroachment issues and held that the applicant was attempting to re-litigate findings of fact and raise new arguments not presented at the initial hearing.

The applicant sought statutory accident benefits following a rear-end motor vehicle accident.

The respondent insurer denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.

The Tribunal found that the applicant failed to prove that pre-existing conditions, psychological impairments, or chronic pain warranted removal from the MIG.

The Tribunal preferred the insurer's psychological assessment over the applicant's, noting inconsistencies and a lack of reporting to the family doctor.

As the injuries were predominantly minor and the MIG limit was exhausted, the disputed treatment plans were not payable.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied claims for medication expenses and a facility-based exercise program, arguing the applicant's conditions were pre-existing.

The Tribunal found that the accident caused an aggravation of the applicant's pre-existing conditions.

The Tribunal allowed the claim for medication expenses, including medical marijuana, finding them reasonable and necessary.

However, the Tribunal dismissed the claim for the facility-based exercise program, accepting the respondent's insurer's examination report that the exercises could be done at home.