Jason Kerr

The applicant sought statutory accident benefits following a motor vehicle accident, including psychological services, cardiac rehabilitation, and provider mileage.

The Licence Appeal Tribunal found the applicant was entitled to $2,200 for a psychological assessment, as both the applicant's and respondent's psychologists diagnosed accident-related psychological conditions.

However, the Tribunal denied the request for a neuropsychological assessment due to a lack of corroborating medical evidence of cognitive impairment.

The Tribunal also denied the claims for cardiac rehabilitation, finding no cardiac indication for supervised exercise, and denied the claims for provider mileage and PPE as they are not payable under the Schedule.

The applicant sought statutory accident benefits following a motor vehicle accident, including non-earner benefits, treatment plans, and various assessments.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and that she was barred from claiming non-earner benefits for failing to attend an insurer's examination.

The Tribunal found the respondent failed to prove the applicant missed the examination, allowing the non-earner benefits claim to proceed.

However, the Tribunal concluded the applicant's injuries were minor and resolved shortly after the accident, dismissing her claims for non-earner benefits, chronic pain, and catastrophic impairment assessments.

The Tribunal awarded a maximum of $400 for a psychological assessment under the MIG's supplementary goods and services provision.

The self-represented applicant sought income replacement benefits and medical benefits following a motor vehicle accident.

The applicant failed to submit any medical evidence to support his claims.

The adjudicator relied on the respondent's insurer's examination reports, which concluded the applicant did not suffer a substantial inability to perform his pre-accident employment and had no physical or psychological barriers to returning to work.

The application was dismissed in its entirety.

The appellant appealed a Licence Appeal Tribunal decision that found his injuries from a motor vehicle accident fell within the Minor Injury Guideline (MIG) and denied two treatment plans for assessments.

The Divisional Court held that the adjudicator made no error of law and reasonably concluded that the appellant failed to meet his burden of proving entitlement to benefits beyond the MIG cap.

The appeal was dismissed.

The applicant sought accident benefits following a motor vehicle accident, specifically claiming the cost of an attendant care assessment.

The insurer denied the claim on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The arbitrator found that the applicant failed to meet the onus of proving his impairments fell outside the MIG, preferring the insurer's expert evidence that the diagnosed radiculopathy was a sequelae of soft tissue injuries.

As the applicant was subject to the MIG, he was not entitled to attendant care benefits, rendering the assessment cost unreasonable and unnecessary.

The application was dismissed.

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

After failing to participate in the arbitration process, failing to comply with orders, and failing to attend the peremptory hearing, the application was dismissed.

The insurer was awarded $10,000 in expenses due to the applicant's pattern of non-compliance and failure to submit to insurer examinations.

The applicant applied for arbitration after the insurer terminated her housekeeping benefits following a motor vehicle accident.

The applicant failed to attend the pre-hearings and the scheduled arbitration hearing, and her representative was previously permitted to withdraw.

As no evidence was adduced in support of the application, the arbitrator dismissed the application as abandoned.

The applicant was ordered to pay the insurer's arbitration expenses in the amount of $1,703.11 due to her conduct which prolonged and hindered the proceeding.