Laiba Imran

The applicant was injured in a motor vehicle accident and sought various treatment and assessment plans under the Statutory Accident Benefits Schedule.

The Licence Appeal Tribunal found the applicant was entitled to a psychological assessment and psychological treatment, as the medical evidence, including clinical notes from his treating physician and a section 25 assessment, supported diagnoses of adjustment disorder and specific phobia.

However, the Tribunal denied the remaining physical treatment and assessment plans, finding the applicant failed to meet his burden of proving they were reasonable and necessary.

Claims for a special award and costs were also dismissed, though interest was awarded on the overdue psychological benefits.

The applicant sought statutory accident benefits following a 2020 motor vehicle accident, including income replacement benefits (IRBs), various treatment plans, and an award for unreasonable delay.

The respondent denied the benefits, arguing the applicant's impairments were due to pre-existing degenerative disc disease and a prior 2016 accident.

The Tribunal found the applicant failed to prove her impairments were caused by the subject accident, relying on the respondent's s. 44 assessors who concluded her physical and psychological complaints were not accident-related.

All claims for IRBs, treatment plans, assessments, interest, and an award were dismissed.

The respondent's request for costs was also dismissed.