Yun Bei Long

The applicant sought various statutory accident benefits following a motor vehicle accident, including attendant care, chiropractic, psychological, and occupational therapy services, as well as the cost of a catastrophic impairment assessment.

The Licence Appeal Tribunal found that the insurer failed to provide timely notice of denial for one chiropractic treatment plan, rendering it payable for the period of delay under s. 38(11) of the Schedule.

The Tribunal also approved an in-home assessment.

However, the Tribunal dismissed the claims for attendant care benefits and the remaining treatment plans, finding the applicant failed to prove they were reasonable and necessary, largely preferring the objective findings of the insurer's examiners over the applicant's subjective complaints.

The claim for a special award under s. 10 of Regulation 664 was also dismissed.

The applicant sought various medical, rehabilitation, and attendant care benefits following a motor vehicle accident.

The respondent denied the benefits, and the applicant applied to the Licence Appeal Tribunal.

The Tribunal found that the applicant was entitled to some of the proposed psychological, physiotherapy, and chiropractic treatment plans, primarily for the completion of OCF-18 forms and where contemporaneous medical evidence supported the need for treatment.

However, the Tribunal dismissed the claims for attendant care benefits, medication expenses, and several other treatment plans due to a lack of supporting evidence.

The request for a special award under s. 10 of Reg. 664 was also dismissed, as the applicant failed to prove the respondent acted unreasonably.