Dr. J. Bacchiochi

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

The respondent denied several treatment and assessment plans on the basis that the applicant's injuries were predominantly minor and subject to the $3,500 limit under the Minor Injury Guideline (MIG).

The Tribunal found that the medical evidence, including independent medical examinations, supported that the applicant sustained soft tissue injuries falling within the MIG.

The Tribunal rejected the applicant's claims that she suffered from chronic pain or a psychological impairment warranting removal from the MIG, noting her return to work and lack of functional impairment.

As the MIG limits were exhausted, the disputed treatment plans were not reasonable and necessary.

Claims for interest and a special award were also dismissed.

The Applicant was struck by a vehicle in a parking lot, sustaining a right knee sprain and psychological injuries.

She also had a pre-existing hip condition that required surgery.

The Tribunal found that the accident did not cause or accelerate the need for hip surgery, but did cause chronic knee pain that prevented her from working.

The Applicant was awarded income replacement benefits, physiotherapy, and psychological treatment.

Claims for attendant care benefits and occupational therapy related to her hip surgery were dismissed, as was her claim for a special award.

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

The respondent insurer determined the injuries fell within the Minor Injury Guideline (MIG) and denied several treatment and assessment plans.

The applicant applied to the Licence Appeal Tribunal, arguing that chronic back pain and psychological injuries removed him from the MIG.

The Tribunal found that the applicant's physical injuries were predominantly soft tissue sprains and strains, and there was no compelling evidence of significant functional impairment or psychological injury.

The Tribunal also found the respondent provided sufficient medical reasons for its denials.

Consequently, the applicant's injuries were deemed minor, subject to the $3,500 funding limit, and the disputed treatment plans, interest, and award claims were dismissed.

The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) and the cost of a multi-disciplinary assessment from her insurer.

The insurer terminated IRBs after 104 weeks and denied the assessment costs.

The Licence Appeal Tribunal found that the applicant suffered a substantial inability to perform the essential tasks of her pre-accident employment as a restaurant crew member due to unresolved left shoulder tendonitis, entitling her to IRBs up to the 104-week mark.

However, the Tribunal concluded she did not meet the post-104 week test of a complete inability to engage in any suitable employment, relying on surveillance evidence and vocational assessments showing she could perform alternative jobs.

The Tribunal also awarded partial costs for the multi-disciplinary assessment, finding the occupational therapy, orthopedic, and vocational components reasonable and necessary, while denying the psychological and neurological components.