Jillian Beaulieu

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

The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued she suffered from chronic pain and a psychological impairment that removed her from the MIG.

The Tribunal found the applicant's self-reported symptoms inconsistent and preferred the evidence of the insurer's examiners.

The Tribunal concluded the applicant sustained predominantly minor injuries, and the disputed treatment plans for chronic pain, psychological, and driving anxiety assessments were not reasonable and necessary.

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

The respondent insurer denied a treatment plan for a chronic pain assessment and requested the applicant attend three independent medical examinations (IEs) under s. 44 of the Schedule.

The applicant failed to attend the IEs, citing she was out of the country, but did not provide this explanation to the insurer.

The respondent raised a preliminary issue that the applicant was barred from proceeding with her application under s. 55 of the Schedule.

The Tribunal found the insurer's request for IEs was reasonable and compliant with the Schedule, and the applicant failed to provide a reasonable explanation for her non-attendance.

The application was dismissed, and the respondent's request for costs was denied.

The respondent requested a reconsideration of an adjudicator's decision denying a request to adjourn a hearing.

The Associate Chair dismissed the request, noting that under the amended Rule 18.1 of the Common Rules of Practice and Procedure, requests for reconsideration are only accepted for decisions that finally dispose of an appeal.

Because the proceeding was ongoing, the request was dismissed.