31 total
Applicant awarded medical benefits for chronic pain but denied IRB payment pending production of income records.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs), medical benefits, and cost of examinations.
The respondent denied the benefits, arguing the applicant had returned to work and suffered only minor injuries.
The Tribunal found the applicant was entitled to IRBs up to June 2018, but made no order for payment as the applicant failed to provide post-accident income information.
The Tribunal also found the applicant was entitled to various medical benefits, including physiotherapy, psychological services, shockwave therapy, and a chronic pain program, as the evidence demonstrated she suffered from chronic pain caused by the accident.
The claims for cost of examinations and a Regulation 664 award were dismissed.
Applicant awarded ongoing income replacement benefits after proving complete inability to work due to accident-related impairments.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) after the insurer terminated them.
The Tribunal found that the applicant, a self-employed painter and contractor, suffered a substantial inability to perform the essential tasks of his pre-accident employment within 104 weeks of the accident, primarily due to a specific phobia of driving.
For the post-104-week period, the Tribunal found the applicant was completely unable to engage in any employment for which he was reasonably suited by education, training, or experience, due to a combination of physical and psychological impairments caused by the accident.
The applicant was awarded ongoing IRBs and interest, but his claim for a special award under Regulation 664 was dismissed.
Application for accident benefits dismissed as injuries fell within the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans for chiropractic and psychological care on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant sustained predominantly minor soft tissue injuries and failed to establish that he suffered from chronic pain or a psychological impairment that would remove him from the MIG.
As the $3,500 MIG funding limit had been exhausted, the claims for additional medical benefits were dismissed, along with claims for interest and an award for unreasonable withholding of benefits.
Non-earner benefit denied due to surveillance evidence; medical benefits for chronic pain granted.
The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit and funding for chiropractic services and a chronic pain assessment.
The Licence Appeal Tribunal dismissed the claim for a non-earner benefit, finding that surveillance evidence and inconsistencies in the applicant's self-reporting undermined her claim of a complete inability to carry on a normal life.
However, the Tribunal granted the medical benefits, concluding that the applicant suffered from an accident-related pain condition and that the proposed treatments were reasonable and necessary to address her physical and psychological impairments.
The respondent's request for costs was denied.
Non-earner benefits denied where applicant's recovery allowed return to substantially all pre-accident activities.
The 79-year-old applicant sought non-earner benefits following a motor vehicle accident.
The insurer paid benefits until January 28, 2017, but terminated them based on multidisciplinary assessments indicating the applicant no longer suffered a complete inability to carry on a normal life.
The Tribunal applied the Heath framework and found that, due to successful physiotherapy and psychotherapy, the applicant had recovered sufficiently to engage in substantially all of his pre-accident activities.
The Tribunal also found the applicant non-compliant for failing to attend a scheduled insurer examination in September 2018, providing an independent basis for termination.
The application was dismissed.
Application for accident benefits beyond the Minor Injury Guideline cap dismissed for lack of medical evidence.
The respondent insurer denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the medical evidence established the applicant suffered predominantly minor soft tissue injuries.
The applicant failed to provide compelling medical evidence of a pre-existing condition that would prevent maximal recovery under the MIG cap.
The application for medical benefits and examination costs beyond the $3,500 limit was dismissed.
Applicant's concussion diagnosis removes her from the Minor Injury Guideline; disputed physiotherapy treatment plans approved.
The applicant was struck by a truck's mirror while riding her bicycle and sought statutory accident benefits.
The respondent denied the claims, arguing the injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant suffered a concussion, which falls outside the MIG, based on consistent reporting of symptoms and elevated SACT-2 scores.
The Tribunal also determined that the disputed physiotherapy treatment plans were reasonable and necessary to address the applicant's accident-related impairments.
Treatment plans for chronic pain syndrome approved; insurer's denial based on soft-tissue diagnosis rejected.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy, chiropractic services, and an orthopaedic assessment.
The respondent insurer denied the treatment plans, arguing the applicant suffered only soft tissue injuries and had reached maximum medical recovery.
The Tribunal found the treatment plans reasonable and necessary, noting the accident aggravated the applicant's pre-existing chronic pain and arthritis, and accepting the diagnosis of chronic pain syndrome by the applicant's orthopaedic expert.
The Tribunal awarded the medical benefits and the cost of the orthopaedic assessment (capped at $2,000 plus HST), but denied the cost of a redundant OCF-3 and a special award under s. 10 of O. Reg. 664.
Tribunal approves medical benefits and assessments for elderly accident victim diagnosed with chronic pain syndrome.
The applicant, an elderly woman, was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy, chiropractic services, psychological services, and an orthopaedic assessment.
The respondent insurer denied most of the treatment plans, arguing the injuries were minor soft-tissue injuries and the applicant had received sufficient treatment.
The Licence Appeal Tribunal found the treatment plans for physical and psychological therapy, as well as the orthopaedic assessment, to be reasonable and necessary, accepting the applicant's diagnosis of chronic pain syndrome and severe psychological impairments.
The Tribunal ordered the respondent to pay the disputed medical benefits and assessment costs, along with interest, but denied the request for a special award and the cost of a redundant disability certificate.
Appeal dismissed; Arbitrator made no error of law in relying on surveillance evidence to reject catastrophic impairment claim.
The appellant appealed an Arbitrator's decision finding that he was not catastrophically impaired and dismissing his claims for statutory accident benefits.
The appellant argued that the Arbitrator erred in relying on surveillance evidence and the respondent's medical experts rather than his own presentation at the hearing and his family's testimony.
The Director's Delegate dismissed the appeal, finding that the Arbitrator made no errors of law.
The Arbitrator was entitled to weigh the evidence, including surveillance videos showing the appellant engaging in complex activities that contradicted his family's testimony and his presentation to his own medical experts.
Accident benefits denied as treatment plans were unsigned and injuries fell within the Minor Injury Guideline.
The Applicant sought accident benefits for physiotherapy and massage therapy following a rear-end motor vehicle collision.
The Insurer denied the claims on the basis that the Applicant's injuries fell within the Minor Injury Guideline (MIG) and the treatment plans were unsigned.
The Arbitrator dismissed the Applicant's claims, finding that the Applicant failed to sign the OCF-18 treatment plans as required by section 38(3) of the SABS.
Furthermore, the Arbitrator accepted the Insurer's expert medical evidence that the Applicant's soft tissue injuries were treatable within the MIG and that the Applicant did not suffer from chronic pain.
The Insurer was awarded its expenses for the arbitration.
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