Dr. William Kingston

The applicant sought statutory accident benefits following a motor vehicle accident, claiming catastrophic impairment under Criteria 6 and 7 of the Schedule.

The Tribunal found the applicant did not meet the 55% whole person impairment threshold, preferring the respondent's medical experts who assessed a 25% combined impairment over the applicant's experts whose ratings were unsupported by the AMA Guides.

The Tribunal also dismissed claims for income replacement benefits, attendant care benefits, and various treatment plans due to a lack of supporting evidence.

The respondent's claim for repayment of income replacement benefits was also dismissed for lack of evidence.

The applicant sought statutory accident benefits following a 2018 motor vehicle accident.

The Licence Appeal Tribunal denied the applicant's claim for post-104 income replacement benefits, finding she did not suffer a complete inability to engage in suitable employment, noting her post-accident work in creative fields and non-accident-related psychiatric conditions.

The Tribunal also denied claims for a catastrophic impairment assessment balance, physiotherapy, costs, and an award.

However, the Tribunal granted entitlement to a passenger/driver assessment, finding the applicant's driving anxiety was well-documented and a valid driver's license was not a prerequisite for the assessment.

The applicant sought medical and rehabilitation benefits following a rear-end motor vehicle accident.

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

The applicant claimed she suffered a mild traumatic brain injury, post-concussion syndrome, and chronic pain, warranting removal from the MIG.

The Tribunal found the applicant's medical evidence, including a neurologist's report, unconvincing and unsupported by objective testing.

Preferring the respondent's multidisciplinary assessments, the Tribunal concluded the applicant's injuries were predominantly minor.

The applicant was awarded the remaining $1,278.19 of her MIG limit towards one treatment plan, but the remaining claims and interest were dismissed.