Sarah Maddix

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to a non-earner benefit, an attendant care assessment, and chiropractic services.

The Licence Appeal Tribunal dismissed the claims for the non-earner benefit and the attendant care assessment, finding the applicant failed to provide sufficient medical evidence or a detailed comparison of pre- and post-accident activities to establish a complete inability to carry on a normal life.

However, the Tribunal granted the treatment plans for chiropractic services, concluding that the medical evidence supported the necessity of physical therapy for the applicant's accident-exacerbated bilateral shoulder and knee impairments.

The applicant sought statutory accident benefits following a motor vehicle accident involving a school bus.

The Tribunal found that while the applicant's physical injuries fell within the Minor Injury Guideline (MIG), she was entitled to be removed from the MIG due to a psychological impairment, specifically post-traumatic stress disorder.

The applicant's claim for a non-earner benefit was dismissed as she failed to demonstrate a complete inability to carry on a normal life, with evidence showing no significant difference in her pre- and post-accident activities.

The Tribunal approved a treatment plan for psychological services but denied other plans for chiropractic and orthopaedic assessments due to a lack of supporting evidence.

A claim for a special award under Regulation 664 was also dismissed.

The applicant sought statutory accident benefits following a rear-end motor vehicle collision.

The respondent denied several benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found the applicant's injuries fell outside the MIG because he sustained a concussion and a psychological impairment.

The Tribunal awarded the cost of a psychological assessment but denied the claims for physiotherapy, non-earner benefits, and attendant care benefits, finding the applicant did not meet the respective tests for entitlement.

Claims for a special award and costs were also dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant applied to the Licence Appeal Tribunal for non-earner benefits, various physiotherapy treatment plans, and assessments for psychology and chronic pain.

The adjudicator found that the applicant failed to meet his evidentiary burden to prove his injuries fell outside the MIG, noting the lack of clinical records and the failure of his assessors to address the respondent's medical reports.

The adjudicator also dismissed the claim for non-earner benefits, applying the Heath test and finding the applicant had resumed substantially all of his pre-accident activities, including completing his education.

All disputed treatment plans were deemed not reasonable and necessary, and the application was dismissed in its entirety.

The applicant sought increased attendant care benefits and payment for past attendant care expenses following a motor vehicle accident.

The Licence Appeal Tribunal found that the applicant's right arm impairments did not require Level 3 complex care, making the insurer's approved monthly amount reasonable and necessary.

The Tribunal also dismissed the claim for past expenses, finding the applicant failed to prove the expenses were 'incurred' under the Schedule due to insufficient documentation of the services provided.

The applicant sought a non-earner benefit following a motor vehicle accident.

The respondent denied the claim, arguing the applicant's activity levels were already limited by pre-existing conditions and that she retained the physical capacity to perform light tasks.

The Tribunal found that while the applicant had pre-existing physical issues, the accident caused a psychological impairment (Adjustment Disorder with Mixed Anxiety and Depressed Mood) that continuously prevented her from engaging in substantially all of her pre-accident activities, particularly her role as a homemaker.

The Tribunal awarded the non-earner benefit from the date her psychological symptoms were first documented, along with interest.

The respondent's request for costs was denied.

The applicant, an elderly pedestrian who was struck by a motor vehicle in a parking lot, applied for statutory accident benefits including non-earner benefits, attendant care benefits, and medical/rehabilitation benefits.

The adjudicator dismissed the application in its entirety.

The adjudicator found that the applicant failed to prove she suffered a complete inability to carry on a normal life, noting inconsistencies in her self-reporting and relying on insurer's examinations that found no objective impairment preventing her pre-accident activities.

Claims for attendant care and medical benefits were similarly dismissed due to a lack of persuasive medical evidence and inconsistencies in the applicant's submitted treatment plans.