Mr. Danny Horban

The applicant was injured in a motor vehicle accident and sought a non-earner benefit and five physiotherapy treatment plans under the Statutory Accident Benefits Schedule.

The respondent denied the benefits, relying on section 44 insurer's examinations.

The Tribunal found that the applicant failed to demonstrate a complete inability to carry on a normal life, as the medical evidence indicated she could resume a substantial amount of her pre-accident activities.

The Tribunal also found the applicant failed to prove the physiotherapy treatment plans were reasonable and necessary, noting the lack of evidence showing how treatment goals were being met and the section 44 assessor's conclusion that she had reached maximum medical recovery from facility-based rehabilitation.

The application was dismissed.

The applicant sought a catastrophic impairment designation and approval for various treatment plans following a motor vehicle accident.

The Licence Appeal Tribunal found that the applicant did not meet the threshold for catastrophic impairment, as he only demonstrated marked impairment in two of the required three areas of function (social functioning and adaptation).

The Tribunal approved several treatment plans, including occupational therapy, psychological therapy, and a mobile phone, finding them reasonable and necessary to address the applicant's accident-related impairments.

Other treatment plans, including those for optometric services and a computer, were denied.