Timothy Hartog

The applicant sought accident benefits following a motor vehicle accident, including income replacement benefits (IRBs) and occupational therapy services.

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

The Licence Appeal Tribunal found that the applicant's soft tissue injuries were predominantly minor and subject to the MIG limit, which had been exhausted.

The Tribunal also dismissed the claim for IRBs, finding the applicant failed to prove a substantial inability to perform the essential tasks of her pre-accident employment as a general labourer.

The application was dismissed in its entirety.

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

The adjudicator found the applicant's testimony credible regarding the heavy physical demands of his pre-accident employment as a drywaller and steel framer.

Relying on the applicant's evidence and his treating chronic pain specialist, the adjudicator concluded the applicant suffered a substantial inability to perform the essential tasks of his employment due to pain, and awarded IRBs.

However, the claims for medical benefits and the cost of an examination were dismissed because the applicant failed to submit the disputed treatment plans into evidence.

The claim for a special award was also dismissed as the insurer reasonably relied on its own medical experts.

The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) and medical benefits from his insurer.

The insurer denied the benefits based on its assessors' reports.

The Licence Appeal Tribunal found the applicant's testimony regarding his heavy physical labour as a drywaller and his debilitating pain to be credible, supported by his treating chronic pain specialist and the insurer's own kinesiologist.

The Tribunal awarded IRBs of $400 per week.

However, the claims for medical benefits and examination costs were dismissed because the applicant failed to enter the disputed treatment plans into evidence.

The Tribunal declined to award costs or a special award, finding the insurer did not act in bad faith.

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

The Tribunal found the applicant lacked credibility, having concealed her return to work and regular gym attendance from assessors.

Relying on objective medical imaging and the respondent's experts, the Tribunal concluded the applicant did not suffer a substantial inability to perform the essential tasks of her pre-accident employment as a dental assistant.

The claim for ACBs was dismissed because the expenses were not incurred as defined in the Schedule.

The respondent was awarded repayment of $2,984.59 for IRBs paid while the applicant was working.

Both parties' requests for costs were denied.