4 total
Physiotherapy benefits denied due to pre-existing conditions; psychological monitoring approved as integral to treatment.
The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's denial of two physiotherapy treatment plans and a portion of a psychological treatment plan.
The Tribunal found the physiotherapy plans were not reasonable and necessary, preferring the evidence of the insurer's examination assessors over the applicant's medical reports, which contained inconsistencies regarding pre-existing conditions.
The Tribunal approved the disputed psychological treatment for observation and monitoring, finding it integral to the approved psychotherapy.
Claims for a special award and costs were dismissed, while interest was granted on the overdue psychological benefits.
Applicant removed from Minor Injury Guideline due to psychological impairment; partial treatment benefits awarded.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The respondent denied several treatment plans and assessments on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant sustained a psychological impairment as a result of the accident, entitling her to treatment outside the MIG framework.
The Tribunal partially approved a treatment plan for massage therapy and fully approved a psychological assessment, but denied the remaining claims for physical therapy and various other assessments due to lack of evidence of reasonableness and necessity.
The respondent's request for costs was also denied.
Defendant granted leave post-setting down to compel plaintiff to attend an independent neuropsychological examination.
The defendant brought a motion for leave to bring a motion after the action was set down for trial, seeking to compel the plaintiff to attend an independent neuropsychological examination.
The plaintiff opposed the motion, arguing that the defendant had sufficient time to arrange the assessment and that her condition was well-documented.
The court granted leave, finding that the plaintiff's late service of a new neuropsychological report constituted a substantial and unexpected change in circumstances.
Applying the factors for ordering a further medical examination, the court held that the defendant was entitled to respond to the plaintiff's expert report with a matching specialty report to ensure trial fairness.
The plaintiff was ordered to attend the examination, and the defendant was granted an extension of time to serve the resulting report.
Claim for education disability benefits dismissed; applicant failed to prove inability to complete college program.
The applicant was injured in a motor vehicle accident while enrolled in a heavy duty equipment mechanic college program.
The insurer terminated his weekly education disability benefits.
The applicant sought arbitration, claiming he was physically and mentally unable to complete his education due to chronic pain and depression.
The arbitrator dismissed the claim, finding that the applicant's physical injuries were primarily soft tissue and had resolved, as evidenced by his subsequent employment in physically demanding jobs and his weight training.
The arbitrator also found no persuasive medical evidence of a disabling psychiatric condition or head injury, concluding the applicant failed to prove a substantial inability to complete his education or carry on a normal life.