Sarah Tran

The applicant sought various statutory accident benefits following a motor vehicle accident, including non-earner benefits, attendant care benefits, and several medical and rehabilitation treatment plans.

The Licence Appeal Tribunal dismissed the application in its entirety.

The Tribunal found the applicant did not suffer a complete inability to carry on a normal life, as she continued to engage in pre-accident activities, albeit with some pain.

Claims for attendant care were denied due to reliability issues with the submitted invoices and the failure to call the applicant's assessing nurse as a witness.

The disputed medical benefits, including chiropractic care, botox injections, and psychological services, were deemed not reasonable and necessary, supported by the respondent's expert assessments and the applicant's own testimony that certain treatments were unhelpful.

The applicant claimed statutory accident benefits following a motor vehicle accident in November 2009.

She sought medical, caregiver, attendant care, and housekeeping benefits.

The arbitrator found the applicant's evidence to be vague, insubstantial, and prone to exaggeration.

The arbitrator preferred the evidence of the insurer's occupational therapist, who observed the applicant in her home and concluded she did not suffer a substantial inability to perform caregiving or housekeeping tasks.

The applicant failed to prove her entitlement to the claimed benefits on a balance of probabilities.

The application was dismissed, with the issues of a special award and expenses deferred.