Kennedy Nolan

The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs).

The respondent deemed the applicant eligible for IRBs but failed to pay them for nearly two years, ignoring multiple inquiries from the applicant.

The Licence Appeal Tribunal found that the respondent's failure to pay the benefits, despite having the necessary documentation and an accountant's report supporting entitlement, constituted an unreasonable delay.

The Tribunal ordered the respondent to pay a special award under s. 10 of Regulation 664 equal to 50% of the IRBs claimed during the period of delay, plus interest.

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

The Licence Appeal Tribunal found the applicant was entitled to a medical benefit for an orthopedic mattress and cervical pillows, as the evidence supported that her sleep was impacted by accident-related impairments.

The Tribunal denied the balance of a treatment plan for a gym membership and kinesiologist services, finding the partially approved amount reasonable.

The Tribunal also granted a 50% award under Regulation 664, finding the respondent unreasonably withheld approval for a psychological assessment despite possessing medical documentation supporting the claim.

The applicant was injured in a motor vehicle accident and sought funding for neuropsychological assessments.

The respondent insurer denied the treatment plans and requested the applicant attend insurer's examinations under section 44 of the Statutory Accident Benefits Schedule.

The applicant refused to attend and applied to the Licence Appeal Tribunal.

The Tribunal found that the respondent provided a valid medical reason for the examinations and that the requests were reasonably necessary.

Because the applicant failed to attend the properly scheduled section 44 assessments, the Tribunal held that the applicant was statute-barred from bringing the application under section 55 of the Schedule.

The application was dismissed.