Nansia Lee

The applicant sought a non-earner benefit, medical benefits for physiotherapy, and the cost of a chronic pain assessment following a motor vehicle accident.

The Tribunal first allowed the applicant's late-filed medical evidence due to an administrative error.

On the substantive issues, the Tribunal found the applicant was not entitled to the non-earner benefit because he failed to provide a comparison of his pre- and post-accident activities.

The physiotherapy treatment plan was denied as the applicant failed to meet his evidentiary burden and the respondent's medical evidence indicated he had reached maximum medical recovery.

However, the Tribunal granted the cost of the chronic pain assessment, preferring the evidence of the applicant's chronic pain specialist over the respondent's orthopaedic surgeon.