Ms. Oh

The applicant sought statutory accident benefits following a motor vehicle accident, including treatment plans for physiotherapy, a chronic pain assessment, assistive devices, and psychological services.

The Tribunal dismissed the claims for physiotherapy, chronic pain assessment, and psychological services, finding the applicant's evidence inconsistent and relying on surveillance showing her performing activities she claimed she could not do.

The Tribunal granted the treatment plan for assistive devices, as both parties' occupational therapists recommended them.

Claims for a special award and costs were dismissed.

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

The insurer denied the benefits, arguing the applicant did not suffer a complete inability to carry on a normal life and that the treatment was not reasonable and necessary.

The Tribunal dismissed the application, finding the applicant failed to meet the stringent test for a non-earner benefit, largely due to a lack of detailed comparison between her pre- and post-accident functioning and the impact of her pre-existing conditions.

The Tribunal also found the proposed treatment plan was not reasonable and necessary, preferring the insurer's medical evidence that the applicant had reached maximum medical improvement.