2 total
Application for statutory accident benefits dismissed; proposed treatment and assessments found not reasonable and necessary.
The applicant sought statutory accident benefits following a rear-end motor vehicle collision.
The respondent insurer denied multiple treatment plans for chiropractic care, assistive devices including a tablet and mattress, and various medical assessments.
The Licence Appeal Tribunal dismissed the application, finding that the applicant's ongoing complaints were attributable to pre-existing degenerative changes rather than the accident.
The Tribunal preferred the evidence of the respondent's assessors, concluding that the proposed goods and services were not reasonable and necessary.
Tribunal denies non-earner benefits but approves catastrophic impairment assessments and select medical benefits.
The applicant was injured while riding a public bus and sought statutory accident benefits, including non-earner benefits, catastrophic impairment assessments, and various medical and rehabilitation benefits.
The Licence Appeal Tribunal found that the applicant did not suffer a complete inability to carry on a normal life, dismissing the claim for non-earner benefits.
However, given the applicant's significant pre-existing conditions and accident-related physical and psychological injuries, the Tribunal found the catastrophic impairment assessments reasonable and necessary, excluding a file review fee.
The Tribunal also approved a neurological assessment and a psychological treatment plan, while dismissing the remaining treatment plans.
No co-appearing lawyers found.
No judges found.