R. Campos

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.

The respondent denied several treatment plans for chiropractic and psychological services.

The Tribunal found that the chiropractic treatment plans were reasonable and necessary to address the applicant's chronic pain, relying on the clinical notes of the applicant's family physician.

However, the Tribunal denied the psychological treatment plans because the applicant failed to provide evidence justifying the proposed hourly rates and the costs of the psychological materials.

The Tribunal also dismissed the applicant's claim for a special award, finding no evidence that the respondent unreasonably withheld or delayed benefits.

The applicant sought income replacement benefits (IRBs) and attendant care benefits (ACBs) following a motor vehicle accident.

The adjudicator found that while the applicant met the pre-104 week disability test for IRBs as a server, she failed to establish the quantum of her entitlement because she did not produce her 2016 Notice of Assessment or post-accident tax returns.

The adjudicator drew an adverse inference from this failure to produce material financial documents.

The claim for ACBs was also dismissed because the applicant provided no evidence that she had actually incurred the expenses.

The application was dismissed in its entirety.