Mr. Dennis Polygenis

The applicant sought post-104-week income replacement benefits (IRBs) and various medical and rehabilitation benefits following a motor vehicle accident.

The Tribunal found the applicant did not meet the 'complete inability' test for post-104-week IRBs, relying on insurer's examinations and surveillance evidence showing her performing work activities.

The Tribunal denied claims for chiropractic services, massage therapy, and a chronic pain assessment, finding them not reasonable and necessary.

However, the Tribunal granted the applicant's claims for a psychological assessment and a driving reintegration assessment to address her vehicular anxiety, along with interest on those overdue amounts.

The applicant was injured in a 2011 motor vehicle accident and sought payment for a $2,362.00 physical therapy treatment plan, a special award, and interest.

The insurer denied the treatment plan based on an independent physiotherapy assessment concluding the applicant had reached maximum therapeutic benefit.

The arbitrator found the treatment plan was reasonable and necessary, noting the applicant's complex pre-accident medical history and chronic pain, which required a longer course of treatment.

The arbitrator relied on credible testimony from the applicant, his mother, and treating practitioners showing functional deterioration when treatment ceased.

The claim for a special award was dismissed as the insurer relied on an expert opinion and did not act imprudently or inflexibly.

Interest was awarded on the overdue benefits.