2 total
Applicant removed from Minor Injury Guideline due to concussion; treatment plans and unreasonable delay award granted.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied various treatment plans and assessments, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant suffered a concussion and should be removed from the MIG.
The Tribunal ordered the respondent to pay for the disputed chiropractic, physiotherapy, psychological, and chronic pain assessments, finding them reasonable and necessary.
Furthermore, the Tribunal granted an award under s. 10 of Reg. 664, finding the respondent unreasonably withheld benefits despite having evidence of the concussion diagnosis, and ordered interest on overdue payments.
Psychological assessment approved due to conflicting medical evidence; other benefits denied and limitation period extension refused.
The applicant sought statutory accident benefits following a 2016 motor vehicle accident.
The respondent denied several treatment plans for physiotherapy, a psychological assessment, and a chronic pain assessment.
The Tribunal first considered whether the applicant was statute-barred from disputing two physiotherapy denials from 2017.
Applying the four-part test under section 7 of the Licence Appeal Tribunal Act, the Tribunal declined to extend the limitation period, finding no bona fide intention to appeal and an unexplained delay.
On the substantive issues, the Tribunal found the psychological assessment was reasonable and necessary given conflicting section 44 assessments regarding causation of the applicant's psychological condition.
However, the Tribunal denied the chronic pain assessment and further physical therapy, finding insufficient evidence that the applicant's current physical complaints were causally related to the accident.
Claims for an award under section 10 of O. Reg. 664 were also dismissed.
No linked lawyers found.
No linked judges found.
