Laura Zuliani

The applicant, who suffered a lower limb amputation in a motor vehicle accident, sought $8,000.49 for assistive devices including an adjustable bed, platform bed, and specialty bedding.

The respondent had partially approved the treatment plan for a memory foam mattress but denied the remaining items.

The Tribunal found that the applicant failed to prove the disputed items were reasonable and necessary.

Relying on the respondent's in-home occupational therapy assessment, the Tribunal concluded the applicant could safely transfer using his existing bedframe and that comfort alone did not satisfy the statutory criteria for funding.

The applicant was injured in a motor vehicle accident and sought entitlement to statutory accident benefits for massage therapy and chiropractic services, which the respondent insurer denied.

The Licence Appeal Tribunal found that the treatment plans were reasonable and necessary, preferring the evidence of the applicant's occupational therapist who conducted a comprehensive in-home assessment over the insurer's independent medical examination.

The Tribunal also dismissed the applicant's preliminary motion to strike the respondent's late-filed written submissions, finding no prejudice to the applicant.

The applicant was awarded the disputed treatment plans and interest on overdue payments.