2 total
Medical benefits for chiropractic treatment and PRP injections denied as not reasonable and necessary.
The applicant sought medical benefits for chiropractic treatment and PRP injections following a motor vehicle accident.
The Tribunal found that while the accident exacerbated the applicant's pre-existing right shoulder rotator cuff tear, the proposed treatment plans were not reasonable and necessary.
The evidence indicated that past chiropractic treatment had not been effective in reducing pain, and there was insufficient evidence to support the efficacy of PRP injections for the impairment.
Both claims for medical benefits were dismissed.
Appeal of housekeeping damages dismissed despite errors in jury charge as global award was reasonable.
The respondent was injured in a motor vehicle accident and suffered chronic pain, fibromyalgia, depression, and anxiety.
At trial, the jury awarded damages including amounts for past housekeeping inefficiency, past lost housekeeping capacity, and future lost housekeeping capacity.
The appellants appealed, arguing the trial judge erred in his instructions to the jury regarding the categorization and calculation of housekeeping damages.
The Court of Appeal found that while the trial judge erred in encouraging the jury to separate inefficiency damages from the global non-pecuniary award and in his instructions on calculating past lost housekeeping, the global award was not unreasonable.
The appeal was dismissed.