Ms. Angela Bertolo

The applicant sought entitlement to statutory accident benefits for a hot tub ($17,095.00) and physiotherapy services ($3,251.55) following a motor vehicle accident.

The adjudicator found that the applicant failed to demonstrate on a balance of probabilities that either treatment plan was reasonable and necessary.

The applicant did not provide copies of the treatment plans, and the medical evidence did not support the necessity of a hot tub over less expensive alternatives or the need for ongoing physiotherapy.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to a non-earner benefit, removal from the Minor Injury Guideline (MIG), and approval of various treatment plans.

The Licence Appeal Tribunal dismissed the application in its entirety.

The Tribunal found that the applicant did not suffer a complete inability to carry on a normal life, relying on insurer examinations and surveillance evidence that contradicted her testimony.

Furthermore, the Tribunal concluded that the applicant sustained predominantly minor injuries and failed to provide compelling evidence of a pre-existing condition, psychological impairment, or chronic pain that would warrant removal from the MIG.

Consequently, the disputed treatment plans and claims for an award and interest were also denied.

The applicant sought a non-earner benefit and a rehabilitation benefit following a motor vehicle accident.

The adjudicator excluded late-filed medical reports submitted by the applicant in reply, finding their admission would prejudice the respondent.

Applying the Heath test, the adjudicator found the applicant failed to prove a complete inability to carry on a normal life, as evidence showed she continued to perform most of her pre-accident caregiving and household activities.

The claim for the rehabilitation benefit was dismissed for lack of evidence that it was reasonable and necessary.

Claims for interest, costs, and a special award were also dismissed.