Dr. Patrick Potter

The defendant brought a threshold motion during jury deliberations in a motor vehicle accident trial.

The jury awarded the plaintiff damages for pain and suffering, out-of-pocket expenses, and future health care costs.

The court applied the three-part test from Meyer v. Bright and found that the plaintiff suffered a permanent serious impairment of an important physical function due to chronic pain.

The defendant's threshold motion was dismissed, and the jury's award was upheld subject to statutory deductibles and collateral benefit deductions.

The applicant was injured in a motor vehicle accident and sought a medical and rehabilitation benefit of $6,177.64 for a massage therapy chair, which the insurer denied.

The Licence Appeal Tribunal found that the applicant met the onus of proving the massage chair was reasonable and necessary for pain relief and to support physical activity, preferring the evidence of the applicant's occupational therapist and physiatrist over the insurer's experts.

The Tribunal ordered the insurer to pay for the massage chair and associated warranty, along with interest on the overdue payment.

The applicant was injured in a rear-end motor vehicle accident and sought a medical benefit of $3,581.53 for chiropractic, physiotherapy, and massage services.

The respondent denied the treatment plan on the basis that it was not reasonable and necessary, relying on an insurer's examination report.

The Tribunal dismissed the application, finding that the applicant's own medical expert report did not recommend the specific services claimed and contained inconsistent statements.

As the treatment plan was not reasonable and necessary, no interest was payable.

The applicant was struck by a pickup truck while riding his bicycle, sustaining severe injuries to his left heel and ankle.

He applied for a determination of catastrophic impairment, which the insurer denied.

At arbitration, the arbitrator preferred the evidence of the applicant's experts, finding that his need for two crutches and a short leg brace resulted in a 55% Whole Person Impairment under the AMA Guides.

Furthermore, the arbitrator accepted that the applicant's chronic pain and depression resulted in a Class 4 marked impairment in at least one area of functioning.

The arbitrator concluded that the applicant sustained a catastrophic impairment under both paragraphs 2(1.2)(f) and (g) of the Schedule.