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Application for statutory accident benefits dismissed; applicant failed to prove inability to work or necessity of treatment.
The applicant, a personal support worker struck by a motor vehicle as a pedestrian, sought statutory accident benefits including an income replacement benefit (IRB), a chronic pain assessment, and psychological treatment.
The Licence Appeal Tribunal dismissed the application.
The Tribunal found the applicant was barred from receiving an IRB for the initial period because she failed to submit a disability certificate until September 2019.
For the subsequent periods, she failed to prove a substantial or complete inability to work, as her family physician's notes indicated she was able to work after November 2018 and she provided no functional abilities evaluation.
The Tribunal also denied the chronic pain assessment and the disputed portion of the psychological treatment plan, finding them not reasonable or necessary based on the medical evidence.
Application for income replacement and medical benefits dismissed due to insufficient and contradictory medical evidence.
The applicant sought income replacement benefits and a physiotherapy treatment plan following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application, finding the applicant's medical evidence unpersuasive and contradictory.
The Tribunal preferred the respondent's insurer's examination reports, which concluded the applicant did not suffer a substantial inability to perform his essential tasks as a chef and had achieved maximal medical recovery.
Consequently, the claims for benefits and interest were denied.
Application for medical benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant was injured in a motor vehicle accident and sought medical benefits for physiotherapy.
The respondent denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued she suffered from chronic pain and other conditions that warranted removal from the MIG.
The Tribunal found that the applicant's injuries were predominantly minor and that her ongoing back pain was likely related to degenerative changes and a subsequent workplace fall, rather than the accident.
As the injuries fell within the MIG, the appeal for further medical benefits was dismissed.
Accident benefits largely denied due to applicant's lack of credibility and resumption of bodybuilding activities.
The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement, attendant care, housekeeping, and medical benefits.
The arbitrator found the applicant lacked credibility, noting numerous contradictions and inconsistencies in his testimony and medical evidence.
The applicant had resumed working as a personal fitness trainer and participating in bodybuilding competitions during the period he claimed to be disabled.
The claims for income replacement, attendant care, and housekeeping benefits were dismissed due to a lack of credible evidence.
However, the arbitrator approved one treatment plan for $3,510.00 and the cost of an MRI for $569.80, finding them reasonable and necessary based on the credible testimony of the treating chiropractor.
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