Dr. S. Shahmalak

The applicant sought statutory accident benefits following a motor vehicle accident, claiming she sustained a catastrophic impairment due to mental and behavioural disorders.

The Tribunal found that the applicant did not suffer a marked impairment in social functioning, as she demonstrated abilities compatible with some useful functioning, such as maintaining friendships, dating, and travelling.

Consequently, she did not meet the threshold for catastrophic impairment.

The Tribunal approved treatment plans for massage therapy, physiotherapy, and specific occupational therapy items (snow removal and a cervical pillow) as reasonable and necessary, but denied funding for general occupational therapy and the unapproved balance of catastrophic impairment assessments.

The applicant's claim for an award for unreasonable delay was dismissed, but she was awarded $500 in costs due to the respondent's failure to produce an adjuster at the hearing.

The applicant was struck by a vehicle as a pedestrian and sought statutory accident benefits, including a determination of catastrophic impairment, income replacement benefits (IRBs), and various medical benefits.

The Tribunal found that the applicant did not sustain a catastrophic impairment, as his physical and psychological impairments did not meet the 55% whole person impairment threshold under criteria 6 and 7, nor did he suffer marked impairments in three domains under criterion 8.

The Tribunal also dismissed the claim for IRBs, noting the applicant had returned to work for nearly three years post-accident and failed to demonstrate a complete inability to engage in suitable employment.

Claims for a functional abilities evaluation and worksite assessment were dismissed as not reasonable and necessary.

The applicant was awarded minor amounts for treatment plan form fees and interest on those amounts, but the claim for a special award was dismissed as the insurer's denials were not unreasonable.

The applicant sought statutory accident benefits following a motor vehicle accident, claiming a catastrophic impairment and entitlement to medical benefits for an in-home assessment and an in-patient addiction treatment program.

The applicant passed away shortly after the hearing, rendering the catastrophic impairment issue moot.

The Tribunal found that the applicant's polysubstance abuse disorder was directly caused by the accident due to the prescription of opioid medication for accident-related pain.

The Tribunal granted the $21,450.00 treatment plan for the addiction centre as reasonable and necessary, but denied the $1,709.45 assessment plan because it was incurred before submission.

The claim for an award under Regulation 664 was dismissed as the insurer's position was not unreasonable.