Kelvin W. Brown

The applicant was involved in a motor vehicle accident and sought accident benefits.

The respondent insurer determined the applicant's injuries fell within the Minor Injury Guideline (MIG) and denied a treatment plan for medical marijuana.

The applicant applied to the Licence Appeal Tribunal, arguing her injuries, including fibromyalgia and chronic pain, warranted removal from the MIG.

The Tribunal found the applicant's medical evidence, which arose years after the accident, was insufficient to establish a causal link between the accident and the fibromyalgia diagnosis.

The Tribunal concluded the injuries were predominantly minor and dismissed the claims for the medical marijuana treatment plan, interest, and an award.

The applicant sought payment for two chiropractic treatment plans totalling over $16,000 following a motor vehicle accident.

The applicant also brought a motion to add several new issues to the dispute after written submissions had closed.

The Tribunal dismissed the motion to add new issues, finding it would be procedurally unfair to the respondent.

On the substantive claims, the Tribunal found that the applicant had incurred all of the chiropractic expenses prior to submitting the required treatment plans (OCF-18s).

As none of the exceptions under s. 38(2) of the Schedule applied, the insurer was not liable to pay for the expenses.

The application was dismissed.