Janice Kim

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the respondent's denial of multiple treatment and assessment plans, medication expenses, and parking costs.

The Tribunal found that the applicant failed to prove on a balance of probabilities that the proposed in-home, attendant care, neurological, concussion, chiropractic, physiotherapy, and psychological plans were reasonable and necessary, preferring the objective findings of the respondent's assessors over the subjective reporting relied upon by the applicant's assessors.

The Tribunal awarded the cost of one prescription medication and interest on overdue payments, but denied the remaining expenses and the claim for a special award under s. 10 of Reg. 664.

The applicant sought various statutory accident benefits following a motor vehicle accident, including increased attendant care benefits, multiple treatment plans, and expenses for eyeglasses.

The Licence Appeal Tribunal dismissed all claims.

The Tribunal found the applicant failed to provide evidence of incurred past attendant care expenses and preferred the respondent's occupational therapy assessment for ongoing care, concluding that 24/7 care was not justified.

The claims for treatment plans and assessments were dismissed due to a complete lack of supporting evidence, and the claims for eyeglasses were denied because the expenses had not been incurred.

The applicant, who was deemed catastrophically impaired following a motor vehicle accident, sought payment for various denied and partially approved treatment plans, as well as attendant care benefits.

The Licence Appeal Tribunal dismissed the claims for the medical benefits and treatment plans, finding the applicant failed to provide sufficient evidence that they were reasonable and necessary.

Regarding attendant care benefits, the Tribunal found the applicant was not entitled to additional amounts for the period prior to February 2016.

However, the Tribunal determined that the applicant had incurred attendant care expenses from February 2016 onwards and awarded partial attendant care benefits based on a detailed assessment of the required levels of care and the applicable hourly rate guidelines.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement, housekeeping, and medical benefits.

The insurer terminated benefits, arguing the applicant could return to work and perform housekeeping.

The arbitrator found that the applicant suffered from chronic pain and psychological impairments caused by the accident, rendering her substantially and completely unable to engage in her pre-accident employment as a personal support worker or any suitable alternative employment.

The arbitrator awarded ongoing income replacement benefits, partial housekeeping benefits, and specific medical benefits, while dismissing other claims for lack of evidence.