James Kolumbus

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy, medications, massage therapy, and acupuncture.

The respondent denied the benefits, relying in part on an independent medical examination.

The Tribunal found the ongoing in-clinic physiotherapy and prescribed medications were reasonable and necessary, rejecting the respondent's expert opinion that the applicant only needed a home-based exercise regimen.

The Tribunal denied the expenses for massage therapy, physiotherapy, and acupuncture incurred before a treatment plan was submitted.

The applicant was also awarded interest on overdue payments and $300 in costs for the respondent's late motion to change the hearing format.

The applicant, a pedestrian struck by a vehicle, sought a non-earner benefit and interest under the Statutory Accident Benefits Schedule.

The Licence Appeal Tribunal dismissed the application, finding the applicant's testimony regarding her pre- and post-accident employment, medical history, and daily activities to be highly inconsistent and unreliable.

The Tribunal concluded the applicant failed to prove on a balance of probabilities that she suffered a complete inability to carry on a normal life as a result of the accident.