Claudia Kwok

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for psychological treatment, driving rehabilitation, and an orthopaedic assessment.

The respondent insurer partially approved the psychological and driving rehabilitation treatment plans but denied the remaining balances, and fully denied the orthopaedic assessment.

The Licence Appeal Tribunal found that the applicant failed to meet her onus to prove that the denied portions of the treatment plans and the orthopaedic assessment were reasonable and necessary.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, specifically claiming entitlement to a chronic pain assessment, psychological treatment, and a driving rehabilitation plan.

The Licence Appeal Tribunal excluded late-filed clinical notes and records due to non-compliance with production deadlines.

The Tribunal dismissed the application, finding the applicant failed to prove the treatment plans were reasonable and necessary.

The applicant did not meet the criteria for chronic pain under the AMA Guides, and failed to provide compelling evidence for the disputed portions of the psychological and driving rehabilitation plans.