Dr. M. West

The applicant sought statutory accident benefits following a motor vehicle accident, including non-earner benefits, attendant care benefits, and various medical and rehabilitation benefits.

The Licence Appeal Tribunal dismissed the application in its entirety.

The adjudicator found the applicant to be a poor historian whose self-reported limitations were inconsistent with contemporaneous medical records.

The tribunal preferred the evidence of the respondent's assessors, concluding that the applicant did not suffer a complete inability to carry on a normal life, did not incur attendant care expenses, and failed to prove the claimed medical benefits were reasonable and necessary.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the respondent insurer.

Following a reconsideration decision that removed the applicant from the Minor Injury Guideline, a rehearing was held to determine entitlement to disputed treatment plans and assessments.

The Tribunal found the applicant was entitled to three physiotherapy treatment plans and a psychological assessment, as the medical evidence, including reports from an orthopaedic surgeon and the respondent's own psychological assessor, established they were reasonable and necessary.

Claims for an attendant care assessment and a TMJ assessment were dismissed due to insufficient medical evidence linking the conditions to the accident or demonstrating necessity.

The applicant's request for a special award was denied as the respondent had not unreasonably withheld or delayed payments.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The respondent insurer determined the injuries fell within the Minor Injury Guideline (MIG) and refused to fund several treatment and assessment plans.

The applicant applied to the Licence Appeal Tribunal, arguing that rotator cuff tendinopathy, psychological injuries, and chronic pain removed her from the MIG.

The Tribunal found that the rotator cuff injury met the definition of a minor injury and that there was insufficient evidence of psychological injuries or chronic pain, preferring the insurer's examination reports over the applicant's orthopaedic assessment.

The Tribunal concluded the applicant sustained predominantly minor injuries, making the disputed treatment plans and interest not payable as they exceeded the $3,500 funding limit.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant contended that chronic pain syndrome, psychological impairments, jaw injury, and post-traumatic headaches removed her from the MIG.

The Tribunal found the applicant's evidence, including an orthopaedic report diagnosing chronic pain syndrome, lacked objective medical findings and corroboration.

Conversely, the Tribunal accepted the respondent's independent medical examinations, which concluded the injuries were predominantly minor soft tissue sprains and strains.

The Tribunal held the applicant sustained predominantly minor injuries and dismissed the claims for treatment plans, cost of examinations, and an award for delayed payments.

The applicant's request for costs was also denied.