Neil Reeves

The applicant was struck by a car as a pedestrian and sustained soft tissue injuries that developed into chronic pain and psychological impairments.

She sought statutory accident benefits for prolonged passive chiropractic and acupuncture treatments, assistive devices, attendant care, and housekeeping expenses.

The arbitrator found that the applicant's failure to submit a treatment plan for chiropractic care disentitled her to those expenses, and that the prolonged passive chiropractic treatment was not reasonable or necessary.

However, the arbitrator allowed the expenses for acupuncture as a reasonable palliative measure, along with the cost of a TENS machine and partial housekeeping expenses.

Claims for attendant care and other assistive devices were dismissed.

The applicant was injured in a motor vehicle accident and sought ongoing income replacement benefits and payment for treatment expenses after the insurer terminated them.

The applicant failed to attend the arbitration hearing.

The arbitrator reviewed the insurer's evidence, including medical opinions indicating the applicant was capable of returning to work as a manicurist.

The arbitrator found the applicant failed to meet the burden of proving a substantial inability to perform the essential tasks of his employment or that the disputed treatment was reasonable and necessary.

The claims were dismissed, and the insurer was awarded its expenses for the arbitration.

The Applicant was injured in a motor vehicle accident and claimed expenses for a Health Care Aide to assist her at home, arguing these were 'nursing services' under section 6(1)(a) of the Statutory Accident Benefits Schedule, which has no monthly limit.

The Insurer argued the services were 'care' benefits under section 7, subject to a $3,000 monthly limit.

The Arbitrator held that the services provided by the Health Care Aide were best described as 'care' rather than 'nursing services,' as they were primarily focused on assisting with daily tasks rather than active treatment or rehabilitation.

Therefore, the benefits were limited to $3,000 per month under section 7.