3 total
Application for non-earner and medical benefits dismissed as applicant failed to prove complete inability to carry on a normal life.
The applicant sought a non-earner benefit and medical and rehabilitation benefits following a motor vehicle accident.
The respondent denied the benefits, arguing the applicant did not suffer a complete inability to carry on a normal life and that the proposed treatments were not reasonable and necessary.
The Tribunal found that the applicant's pre-existing conditions were the primary cause of her ongoing complaints and that she was able to perform substantially all of her pre-accident activities of daily living.
The Tribunal dismissed the application, concluding the applicant failed to meet the test for a non-earner benefit and did not establish that the disputed treatment plans were reasonable and necessary.
Application for Non-Earner Benefit dismissed due to unreliable testimony and lack of corroborating medical evidence.
The applicant sought a Non-Earner Benefit (NEB) following a motor vehicle accident.
The respondent insurer denied the claim, relying on independent medical examinations which concluded the applicant did not suffer a complete inability to carry on a normal life.
The Tribunal dismissed the application, finding the applicant's testimony unreliable due to numerous inconsistencies regarding her marital status, gym attendance, prior accidents, and work history.
The Tribunal accepted the respondent's unrefuted medical evidence and noted the applicant's failure to provide corroborating evidence for her claims.
Cognitive assessment and physical treatments approved as reasonable and necessary; remaining psychological assessment costs denied.
The applicant was injured in a motor vehicle accident and sought various medical and rehabilitation benefits under the Statutory Accident Benefits Schedule after being removed from the Minor Injury Guideline.
The insurer denied treatment plans for a cognitive assessment, chiropractic and massage treatments, and the remaining cost of a partially approved psychological assessment.
The Tribunal found the cognitive assessment and physical treatments were reasonable and necessary given the applicant's reported concussion symptoms and ongoing chronic pain.
However, the Tribunal dismissed the claim for the remaining cost of the psychological assessment, finding the applicant failed to prove why the additional time and cost were necessary beyond the insurer's partial approval.
No co-appearing lawyers found.
No judges found.