Mr. Andrew Phillips

The applicant sought various statutory accident benefits following a 2018 motor vehicle accident, including attendant care benefits, post-104 income replacement benefits, and several treatment plans.

The Tribunal dismissed the claims for attendant care and income replacement benefits, finding the applicant was independent with personal care and did not suffer a complete inability to engage in suitable employment.

The Tribunal granted the treatment plans for a SPECT scan and occupational therapy, finding them reasonable and necessary to address the applicant's traumatic brain injury and ongoing impairments.

Claims for other assessments, physiotherapy, speech-language therapy, and a special award were dismissed.

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

The Tribunal found that the applicant failed to prove her injuries warranted removal from the Minor Injury Guideline (MIG), as the medical evidence did not establish chronic pain with functional impairment or a psychological condition.

However, the Tribunal ordered the respondent to pay for three disputed treatment plans because the respondent failed to prove it delivered valid denial letters within the required 10 business days under s. 38(8) of the Schedule.

The applicant's claim for an award under s. 10 of Reg. 664 was dismissed.