Dr. Duong

The applicant, who was deemed catastrophically impaired following a 2014 motor vehicle accident, sought payment for several treatment plans under the Statutory Accident Benefits Schedule.

The Tribunal denied the treatment plans for a sleep system and a scuba diving course, finding they were not reasonable and necessary as the applicant had a similar sleep system prior to the accident and was already engaging in other activities that supplanted the need for the scuba course.

However, the Tribunal approved the treatment plan for a rehabilitation assistant to help the applicant move homes, noting his physical and psychological impairments hindered his ability to do so independently.

The Tribunal also approved treatment plans for chiropractic, massage, and physiotherapy services, finding they provided necessary pain relief, but denied a duplicate chiropractic plan.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including an income replacement benefit, costs of examinations, and medical benefits for physiotherapy.

The respondent insurer denied the claims.

The Tribunal found that the applicant had returned to work as a truck driver shortly after the accident, as evidenced by his own testimony, his son's testimony, tax returns, and surveillance footage.

Medical evidence from insurer examinations also supported that he did not suffer a substantial inability to perform his essential tasks.

The Tribunal dismissed the claims for income replacement benefits, finding the applicant did not meet the test.

The claims for medical benefits and assessments were also dismissed as they were not reasonable and necessary, and the applicant had failed to attend scheduled insurer examinations.