J. Duong

The applicant sought non-earner benefits and medical benefits following a motor vehicle accident.

The insurer denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant sustained a minor injury and did not suffer a complete inability to carry on a normal life.

However, because the insurer failed to comply with the notice provisions under sections 36 and 38 of the Schedule, the applicant was awarded non-earner benefits for the period of non-compliance (January 18 to April 30, 2019) and an attendant care assessment plan incurred during the period of non-compliance.

The remaining assessment plans were denied as not reasonable and necessary, and the claim for an award was dismissed.

The applicant sought payment for various treatment plans and assessments, including psychological services, chiropractic services, an attendant care assessment, an orthopaedic assessment, and a naturopathic assessment, following a motor vehicle accident.

The respondent denied the claims based on independent medical examinations indicating the applicant had mostly resolved soft tissue injuries and was capable of self-care.

The Tribunal dismissed all claims, finding the applicant failed to prove the treatment plans and assessments were reasonable and necessary, and applied the FSCO Guidelines to cap the hourly rate for psychological services.