3 total
Application for physiotherapy benefits dismissed as applicant failed to prove treatment was reasonable and necessary.
The applicant was injured in a motor vehicle accident and sought a medical benefit of $3,809.18 for a physiotherapy treatment plan.
The respondent denied the plan based on an orthopaedic surgeon's assessment concluding no further treatment was required.
The Tribunal admitted an addendum to the respondent's medical report on an unopposed motion.
The Tribunal found the respondent's comprehensive medical evidence more persuasive than the applicant's standalone treatment plan, concluding the applicant failed to prove the treatment was reasonable and necessary.
The application for benefits and interest was dismissed.
Claim for ongoing weekly income benefits dismissed as video surveillance and medical evidence showed recovery.
The Applicant was injured in a motor vehicle accident and received statutory accident benefits until the Insurer terminated them.
The Applicant applied for arbitration, claiming ongoing entitlement to weekly income benefits.
The Insurer relied on video surveillance and medical reports indicating the Applicant had recovered and was capable of returning to work.
The Arbitrator found that the Applicant's injuries had sufficiently healed by the termination date, noting that his reluctance to return to work was due to job dissatisfaction rather than physical disability.
The claim for ongoing benefits was dismissed, but the Applicant was awarded the expenses of the arbitration.
Insurer ordered to pay ongoing weekly income benefits and a special award for unreasonably terminating benefits.
The Applicant was injured when struck by a car while riding her bicycle.
The Insurer paid weekly income benefits but terminated them, arguing the Applicant failed to mitigate her damages by finding alternative part-time employment.
The Arbitrator found the Applicant had not acted inappropriately, given her significant job barriers, physical limitations, and ongoing education and physiotherapy.
The Arbitrator ordered the Insurer to pay ongoing weekly income benefits and awarded a $2,500 special award because the Insurer unreasonably withheld benefits.
