J. Moy

The applicant was struck by a vehicle as a pedestrian and sought statutory accident benefits, including non-earner benefits and various medical and rehabilitation treatment plans.

The Licence Appeal Tribunal dismissed the claim for non-earner benefits, finding that the applicant's functionality had improved and he did not suffer a complete inability to carry on a normal life, as evidenced by his return to post-secondary education and independence with self-care.

The Tribunal approved treatment plans for a chronic pain assessment and a functional abilities evaluation, finding them reasonable and necessary to investigate ongoing impairments.

The remaining claims for treatment plans and an award for unreasonable delay were dismissed.

The applicant was struck by a vehicle while pushing her infant in a grocery cart and sought a determination of catastrophic impairment due to psychological injuries, along with ongoing Income Replacement Benefits (IRBs) and medical benefits.

The Tribunal found that while the applicant suffered a mental or behavioural disorder caused by the accident, her impairments were moderate rather than marked, and thus she did not meet the catastrophic impairment threshold.

However, the Tribunal granted the applicant's claim for post-104 week IRBs, finding she suffered a complete inability to engage in suitable employment based on vocational and psychological assessments.

Claims for specific physiotherapy and chiropractic treatment plans were dismissed for lack of evidence, though the insurer was ordered to pay HST on an approved psychological treatment plan.

A claim for a special award was dismissed.