23 total
Application for accident benefits dismissed as injuries fell within the exhausted Minor Injury Guideline limit.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant contended that pre-existing hypertension, chronic pain, and psychological impairments warranted removal from the MIG.
The Tribunal found that the applicant's physical injuries were predominantly minor and that his pre-existing condition did not prevent maximal recovery.
The Tribunal rejected the applicant's chronic pain and psychological claims, noting a lack of corroborating evidence in the family physician's records and assigning little weight to the applicant's expert reports.
As the MIG limit of $3,500 had been exhausted, the application for further treatment plans, interest, and an award for unreasonable delay was dismissed.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued for removal from the MIG based on chronic pain and psychological impairments.
The Tribunal found the applicant's physical injuries were predominantly minor and not supported by diagnostic imaging.
The Tribunal preferred the respondent's psychological and medical assessments, concluding the applicant did not suffer from chronic pain or a psychological condition warranting removal from the MIG.
The application was dismissed.
The respondent denied certain treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant contended that she suffered from accident-related psychological impairments and chronic pain, warranting removal from the MIG.
The Tribunal found that the applicant failed to prove on a balance of probabilities that she suffered from a psychological impairment or chronic pain with functional impairment that would remove her from the MIG.
As the disputed treatment plans were submitted on the basis that the injuries were outside the MIG, they were not payable.
Applicant removed from Minor Injury Guideline due to psychological impairments; disputed treatment plans found reasonable and necessary.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The respondent insurer denied treatment plans for physiotherapy, a psychological assessment, and a chronic pain assessment, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the respondent's initial notices denying the treatment plans were defective under s. 38(8) of the Schedule, as they failed to provide adequate medical reasons.
Furthermore, the Tribunal determined that the applicant's injuries fell outside the MIG due to her accident-related psychological impairments, preferring the evidence of the applicant's psychological expert over the insurer's examiner.
The Tribunal concluded that all three disputed treatment plans were reasonable and necessary, and ordered the respondent to pay for them along with interest on overdue payments.
Applicant's chronic pain and meralgia paresthetica removed him from the Minor Injury Guideline.
The respondent denied chiropractic treatment, a psychological assessment, and a chronic pain assessment on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant suffered from meralgia paresthetica and chronic pain as a result of the accident, removing him from the MIG.
In an addendum decision, the Tribunal found the chiropractic treatment and chronic pain assessment to be reasonable and necessary, subject to the $2,000 cap for assessments.
The psychological assessment was denied as not reasonable and necessary.
The applicant was awarded interest on overdue payments but denied an award under O. Reg. 664.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant suffered from meralgia paresthetica and chronic pain as a result of the accident, which removed him from the MIG.
However, the Tribunal concluded that the applicant did not suffer a psychological impairment.
Because the applicant failed to submit the disputed treatment plans (OCF-18s) into evidence, the Tribunal could not determine whether the claimed medical benefits and examination costs were reasonable and necessary, and allowed the applicant 30 days to submit them.
Insurer ordered to pay for assessments due to defective denial notices; other treatment plans denied.
The applicant sought statutory accident benefits following a motor vehicle accident, which was followed by a second accident less than two months later.
The insurer denied several treatment plans for physiotherapy, psychotherapy, and various assessments.
The Tribunal found that the applicant's physical injuries were caused by the first accident, but she failed to prove her psychological injuries were caused by it.
The Tribunal ordered the insurer to pay for an impairment assessment and a neurological assessment because its denial notices failed to comply with the medical reasons requirement under s. 38(8) of the Schedule.
The remaining claims for treatment plans, an award for unreasonable delay, and costs were dismissed.
The insurer denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued she suffered from chronic pain and psychological impairments that removed her from the MIG.
The Tribunal found insufficient medical evidence to support the applicant's claims of chronic pain or psychological impairment, preferring the respondent's psychological assessment which included objective psychometric testing.
The Tribunal concluded the applicant's injuries were predominantly minor and dismissed the application.
Application for accident benefits dismissed; applicant's injuries deemed minor and credibility undermined by undisclosed medical history.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to medical and rehabilitation benefits beyond the $3,500 Minor Injury Guideline cap due to pre-existing conditions and psychological impairments, as well as income replacement benefits.
The Tribunal found the applicant's injuries were predominantly minor and that he failed to prove his pre-existing conditions prevented maximal recovery within the cap, noting significant credibility issues due to his failure to disclose prior injuries and psychological issues to assessors.
The claim for income replacement benefits was also dismissed as the applicant failed to prove a substantial inability to perform the essential tasks of his employment.
Applicant's injuries fell within the Minor Injury Guideline; limited income replacement benefits and one psychological assessment awarded.
The insurer denied certain benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant sustained predominantly minor injuries and was not removed from the MIG due to a pre-existing psychological condition or post-accident psychological injuries.
The Tribunal awarded income replacement benefits for a limited period when the applicant was substantially unable to perform the essential tasks of his employment.
The Tribunal also approved one psychological assessment as reasonable and necessary, but denied other treatment plans.
Accident benefits claims dismissed as evidence showed the applicant had returned to work as a truck driver.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including an income replacement benefit, costs of examinations, and medical benefits for physiotherapy.
The respondent insurer denied the claims.
The Tribunal found that the applicant had returned to work as a truck driver shortly after the accident, as evidenced by his own testimony, his son's testimony, tax returns, and surveillance footage.
Medical evidence from insurer examinations also supported that he did not suffer a substantial inability to perform his essential tasks.
The Tribunal dismissed the claims for income replacement benefits, finding the applicant did not meet the test.
The claims for medical benefits and assessments were also dismissed as they were not reasonable and necessary, and the applicant had failed to attend scheduled insurer examinations.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline cap.
The respondent denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and were subject to the $3,500 cap.
The applicant argued his injuries were not predominantly minor, citing a pre-existing condition and psychological impairment.
The Tribunal found no compelling evidence of a pre-existing condition that would prevent maximal recovery under the MIG, nor sufficient evidence of a psychological injury.
The Tribunal concluded the applicant's injuries fell within the MIG and dismissed the application.
The applicant sought various medical and rehabilitation benefits following a motor vehicle accident.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and that the ongoing complaints were related to pre-existing conditions, including fibromyalgia.
The Tribunal found that the applicant failed to provide sufficient medical evidence to remove her from the MIG or to prove that the accident aggravated her pre-existing conditions.
The Tribunal concluded that the claimed benefits were not reasonable and necessary, and dismissed the application.
Statutory accident benefits denied; applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant was injured in a motor vehicle accident and sought various statutory accident benefits, which the respondent insurer denied on the basis that her injuries fell within the Minor Injury Guideline (MIG).
The applicant argued she should be removed from the MIG due to pre-existing hypothyroidism and psychological impairments.
The Tribunal found that the applicant failed to provide compelling evidence that her pre-existing condition prevented her from achieving maximal recovery within the MIG cap, preferring the respondent's psychological assessment over the applicant's.
All claims for benefits were dismissed, and the applicant was ordered to pay $200 in costs for repeatedly filing evidence late.
Tribunal grants psychological assessment cost but denies IRB and other medical benefits due to insufficient evidence and improper delivery.
The applicant sought entitlement to an income replacement benefit, medical benefits for physiotherapy, and the costs of psychological and orthopaedic assessments following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the claims for the income replacement benefit, physiotherapy, and orthopaedic assessment, finding insufficient medical evidence for the IRB and noting that the treatment plans for physiotherapy and orthopaedics were improperly delivered to the wrong insurer.
However, the Tribunal granted the cost of the psychological assessment, finding the respondent's denial unreasonable as it relied on an unhelpful and generalized independent examination report that failed to adequately address the applicant's psychological symptoms.
Insured entitled to psychological and chiropractic treatments and chronic pain program; special award and costs denied.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's denial of psychological services, chiropractic treatments, a chronic pain assessment, and a chronic pain program.
The Licence Appeal Tribunal found the psychological, chiropractic, and chronic pain program treatments to be reasonable and necessary, preferring the evidence of the applicant's treating practitioners over the insurer's assessors.
The claim for a chronic pain assessment was denied as redundant.
The applicant was awarded interest on overdue payments, but claims for a special award and costs were dismissed.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline due to inconsistent self-reporting.
The applicant argued she should be removed from the MIG due to psychological injuries, a pre-existing psychological condition, and chronic pain.
The Tribunal found the applicant's claims of psychological injury and chronic pain were not credible due to significant inconsistencies in her self-reporting to various medical assessors.
The Tribunal concluded the applicant's injuries were predominantly minor and governed by the MIG, dismissing her application for additional medical benefits and interest.
Application for accident benefits dismissed as applicant failed to prove substantial or complete inability to work.
The applicant sought statutory accident benefits following a motor vehicle accident, including pre- and post-104 week income replacement benefits, chiropractic treatment plans, and the cost of a disability certificate.
The adjudicator found the applicant to be an unreliable witness due to inconsistencies in her testimony and self-reporting.
The adjudicator concluded the applicant did not suffer a substantial or complete inability to perform her employment tasks, noting her physical injuries were minor exacerbations of pre-existing conditions and there was no objective evidence of psychological impairment.
The claims for income replacement benefits, treatment plans, and the disability certificate were dismissed.
The respondent's request for costs of a motion was also dismissed.
Applicant's injuries confined to Minor Injury Guideline; claims for treatment plans exceeding the cap denied.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's physical injuries were predominantly minor and that he failed to provide compelling evidence of a pre-existing condition that would preclude maximal recovery within the MIG limits.
The Tribunal also preferred the evidence of the respondent's psychological expert, finding that the applicant did not suffer from a psychological impairment that would remove him from the MIG.
As the applicant's injuries were confined to the MIG, the disputed benefits exceeding the $3,500 cap were denied.
Applicant's chronic pain syndrome found to be a sequela of minor injuries, keeping claims within the Minor Injury Guideline cap.
The central issue was whether the applicant's injuries fell within the Minor Injury Guideline (MIG), which caps benefits at $3,500.
The applicant argued that psychological impairments and chronic pain syndrome removed him from the MIG.
The Tribunal found that the applicant failed to prove a psychological injury, preferring the insurer's psychological assessment over the applicant's due to inconsistencies in the applicant's self-reporting.
While the Tribunal accepted that the applicant suffered from chronic pain syndrome, it concluded that the chronic pain symptoms were clinically associated sequelae to his minor soft-tissue injuries, and therefore fell within the MIG definition.
Consequently, the applicant's claims for various treatment and assessment plans were denied as the $3,500 limit applied.
No linked lawyers found.
No linked judges found.