Katie Stanger

The applicant sought payment for several assessments, including a $24,400 catastrophic impairment assessment, following a 2009 motor vehicle accident.

The respondent denied the benefits, arguing the assessments were not reasonable and necessary and that any ongoing symptoms were attributable to a second accident in 2012.

The Tribunal found that the current Statutory Accident Benefits Schedule applied to the claim.

The Tribunal dismissed the application, concluding that the applicant failed to establish on a balance of probabilities that the requested assessments were reasonable and necessary for injuries resulting from the 2009 accident, given the lack of contemporaneous medical evidence and the intervening 2012 accident.

The applicant was injured in a motor vehicle accident while in the course of her employment.

She initially received WSIB benefits but later de-elected to pursue a tort action and statutory accident benefits.

The insurer denied her accident benefits claim, arguing under s. 61 of the Schedule that her re-election was primarily for the purpose of claiming accident benefits.

The Tribunal found that the applicant's election was equally made to pursue a tort claim and accident benefits, and thus not primarily for claiming accident benefits.

The applicant was permitted to proceed with her claim for accident benefits.