3 total
Accident benefits largely denied as ongoing impairments were attributed to pre-existing degenerative conditions rather than the accident.
The applicant sought various statutory accident benefits following a 2017 motor vehicle accident, including attendant care benefits, occupational therapy, assistive devices, and assessments.
The Licence Appeal Tribunal found that the applicant's ongoing impairments were caused by pre-existing degenerative conditions rather than the accident, relying on the respondent's orthopaedic assessment.
The Tribunal denied further attendant care benefits and most treatment plans, but approved a psychological assessment, an attendant care assessment, and an inner bathmat.
The claim for a special award was dismissed as the respondent did not act unreasonably or in bad faith.
Applicant entitled to pre-104 week income replacement benefits for psychological impairments, but medical benefits denied.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs) and medical benefits.
The Licence Appeal Tribunal found that the applicant's accident-related psychological condition and pain caused a substantial inability to perform the essential tasks of her pre-accident employment as a student placement coordinator, entitling her to IRBs for the pre-104 week period.
However, the Tribunal dismissed her claim for post-104 week IRBs, finding she did not suffer a complete inability to engage in suitable employment.
The Tribunal also denied the claimed medical benefits for physiotherapy, an attendant care assessment, and assistive devices, preferring the insurer's medical evidence that the physical injuries did not warrant the disputed treatment plans.
Application for accident benefits dismissed as proposed occupational therapy and assistive devices were not reasonable and necessary.
The applicant sought statutory accident benefits for occupational therapy and assistive devices following a 2016 motor vehicle accident.
The respondent insurer denied the treatment plans.
The Licence Appeal Tribunal found that while the applicant continued to suffer impairments from the exacerbation of pre-existing degenerative disc disease, she failed to prove that the proposed occupational therapy and assistive devices were reasonable and necessary.
The adjudicator relied on the respondent's occupational therapy assessment, which concluded the applicant could perform self-care and had returned to work without the devices.
The application was dismissed.
No co-appearing lawyers found.
No judges found.