Ron Wiltshire

The applicant sought statutory accident benefits following a motor vehicle accident in March 2019.

The respondent denied income replacement benefits (IRBs) and a physiotherapy treatment plan.

The Tribunal found that the applicant suffered a mild traumatic brain injury and whiplash, causing a substantial inability to perform the essential tasks of her self-employment for the first 104 weeks.

However, this inability ceased when she applied for the Canada Emergency Response Benefit (CERB) in March 2020, attesting she was ready and able to work.

The Tribunal denied IRBs beyond the 104-week mark, finding no complete inability to engage in any employment.

The claim for physiotherapy services was dismissed as the applicant failed to demonstrate the treatment was reasonable and necessary.

Interest was awarded on the overdue IRB payments.

The applicant was injured in a motor vehicle accident and deemed catastrophically impaired.

She sought attendant care benefits, which the respondent denied.

The Tribunal found that while the applicant required some attendant care services for feeding and hygiene, she was not entitled to payment because she failed to prove that the services were 'incurred' under s. 3(7) of the Schedule, as there was no evidence of economic loss by her husband or mother who provided the care.

The Tribunal also dismissed the applicant's claim for an award under s. 10 of Regulation 664, finding no evidence that the respondent unreasonably withheld or delayed benefits.

The application was dismissed.

The applicant was injured in a motor vehicle accident and sought medical and rehabilitation benefits under the Statutory Accident Benefits Schedule for chronic pain.

The respondent insurer denied the claims, arguing the applicant's symptoms were due to pre-existing arthritis and that she had reached maximum recovery.

The adjudicator applied the material contribution test and found that the accident materially contributed to the applicant's pre-existing condition, resulting in chronic pain.

The adjudicator granted the claims for chiropractic and physiotherapy services, a pain management program, Lidocaine infusions, an exercise program, and an occupational therapy assessment, finding them reasonable and necessary for pain relief and management.

The claim for an EEG assessment was denied as there was no evidence of a traumatic brain injury.

The applicant was also awarded interest on overdue payments.