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Tribunal denies most accident benefits based on social media evidence of international travel and physical functionality.
The applicant sought various medical and rehabilitation benefits, including assessments and chiropractic treatment, following a motor vehicle accident.
The respondent denied the benefits, relying on insurer's examinations and social media surveillance showing the applicant travelling internationally and engaging in physical activities.
The Tribunal found that only one chiropractic treatment plan was reasonable and necessary, supported by the family physician's recommendations.
The remaining assessment and treatment plans were denied, as the evidence demonstrated the applicant had returned to her pre-accident functional level and did not exhibit symptoms warranting further investigation.
The Tribunal also denied the applicant's claim for an award under Regulation 664, finding no unreasonable delay by the respondent.
Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and IRB claim unsupported.
The applicant sought medical benefits, costs of examinations, and income replacement benefits following a motor vehicle accident.
The respondent denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and that the applicant failed to attend a section 44 assessment.
The Tribunal found that the applicant's pre-existing knee injury was not exacerbated by the accident and that the applicant did not suffer a psychological injury warranting removal from the MIG.
The Tribunal also held that the applicant was not entitled to further income replacement benefits, as the applicant failed to attend a scheduled assessment and the medical evidence did not support an inability to work.
The application was dismissed.
No co-appearing lawyers found.
No judges found.