Dr. Gooden

The applicant sought statutory accident benefits following a motor vehicle accident, arguing her injuries, including post-concussion syndrome, chronic pain, and psychological impairments, warranted removal from the Minor Injury Guideline (MIG).

The respondent denied the benefits, asserting the injuries were minor.

The Tribunal found the applicant's evidence, including expert reports, relied heavily on inconsistent self-reports and lacked objective medical support.

Preferring the respondent's insurer examination reports, the Tribunal concluded the applicant's injuries were predominantly minor and subject to the $3,500 MIG limit.

The claims for treatment plans outside the MIG and interest were dismissed.

The applicant was involved in a motor vehicle accident and sought statutory accident benefits.

The respondent denied certain treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant suffered from Chronic Pain Syndrome (CPS) secondary to the accident, which removed her from the MIG.

The Tribunal ordered the respondent to pay for the disputed treatment plans for physiotherapy, a psychological assessment, and a chronic pain assessment, finding them reasonable and necessary.

Interest on overdue payments was also awarded.

The applicant was involved in a motor vehicle accident and sought statutory accident benefits, including Income Replacement Benefits (IRBs) and chiropractic treatment, which the respondent insurer denied.

The Licence Appeal Tribunal found that the applicant suffered a concussion and was substantially unable to perform the essential tasks of his employment, entitling him to IRBs for the first 104 weeks post-accident.

However, the applicant failed to prove a complete inability to engage in any suitable employment, precluding IRB entitlement beyond 104 weeks.

The Tribunal also held that the chiropractic treatment plan was not reasonable and necessary.

Notably, the Tribunal determined that the Canada Emergency Response Benefit (CERB) received by the applicant is tantamount to "other remuneration from employment" under the Schedule and is therefore deductible from the IRB entitlement.

The claim for an award was dismissed as the insurer's denial was not unreasonable.