Kristen Wood

The applicant sought various statutory accident benefits following a 2019 motor vehicle accident.

The respondent denied the claims.

The Tribunal considered procedural issues regarding late expert reports and submissions, ultimately admitting them to ensure procedural fairness.

On the merits, the Tribunal found the applicant was not entitled to the disputed physiotherapy, assistive devices, personal training, or psychological therapy, as she failed to prove they were reasonable and necessary, or they were barred by the Schedule's timing provisions.

However, the Tribunal granted entitlement to a $2,200 psychological assessment, finding it was submitted within the five-year limitation period and supported by medical evidence.

The applicant, a 10-year-old passenger injured in a motor vehicle accident, sought a medical benefit of $1,840.00 for optometric services (vision therapy) under the Statutory Accident Benefits Schedule.

The respondent insurer denied the claim, arguing the visual issues were not caused by the accident.

The Licence Appeal Tribunal found that, on a balance of probabilities, the applicant's post-accident visual challenges were a result of the accident and could not be mitigated by prescription glasses alone.

The Tribunal ordered the respondent to pay the medical benefit and interest on the overdue payment.

The applicant sought statutory accident benefits for chiropractic, psychological, and occupational therapy services following a 2006 motor vehicle accident.

The insurer denied the treatment plans and raised a preliminary issue that the plans were initially unsigned.

The Tribunal held that the insurer waived the signature requirement by failing to raise it in the initial denial letters.

On the merits, the Tribunal found the chiropractic and occupational therapy plans were reasonable and necessary to address the applicant's chronic pain, though mileage expenses for the occupational therapist were excluded.

The psychological treatment plans were denied due to insufficient evidence of ongoing psychological distress and the applicant's failure to attend previously approved sessions.