Dr. Guillermo Castillo

The applicant sought various statutory accident benefits following a 2019 motor vehicle accident.

The Tribunal dismissed the claims for attendant care benefits, finding the applicant failed to provide sufficient evidence that the expenses were incurred, including proof of cash payments to the service provider.

The Tribunal also denied treatment plans for social rehab counselling and hearing aids, concluding they were not reasonable and necessary.

However, the Tribunal approved the remaining balance for a psychological treatment plan, deferring to the treating psychologist's recommendation for longer sessions.

The Tribunal further ordered the respondent to pay outstanding invoices for two rehabilitation support worker plans that the respondent had previously approved in full, holding that an insurer cannot partially pay a plan it has already fully approved.

Finally, the Tribunal granted a 15% special award under s. 10 of Reg. 664, finding the respondent acted unreasonably by withholding payment for the fully approved rehabilitation support worker plans while demanding further particulars.

The applicant sought statutory accident benefits following a sideswipe motor vehicle collision, claiming entitlement to an income replacement benefit, various medical and rehabilitation treatment plans, and a special award.

The respondent denied the benefits on the basis that the applicant did not suffer a substantial inability to perform the essential tasks of her employment and that the proposed treatments were not reasonable or necessary.

The Tribunal dismissed the application in its entirety, preferring the evidence of the respondent's experts who found no objective pathology, noted significant self-limiting and non-credible behaviour on validity testing, and concluded the collision forces were insufficient to cause the alleged mild traumatic brain injury.

The claim for a special award was also dismissed as the respondent's adjusting was found to be reasonable.