9 total
Application for accident benefits dismissed; applicant failed to prove entitlement to non-earner benefits or removal from MIG.
The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit and removal from the Minor Injury Guideline (MIG).
The Tribunal found the applicant failed to establish entitlement to the non-earner benefit, noting the insurer's denial letter complied with the notice requirements under s. 36(4) of the Schedule.
Furthermore, the applicant did not provide compelling medical evidence of a pre-existing condition, psychological impairment, or chronic pain with functional impairment to warrant removal from the MIG.
The application was dismissed in its entirety.
Accident benefits claim dismissed; applicant failed to prove chronic pain warranted removal from Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing his injuries fell outside the Minor Injury Guideline (MIG) due to chronic pain syndrome.
The Licence Appeal Tribunal found the applicant failed to meet his burden of proof, noting a 28-month gap in medical reporting regarding functional impairments and evidence that he had returned to full-time work.
As the applicant's injuries were deemed predominantly minor and the MIG limits were exhausted, his claim for $1,926.60 in physiotherapy services and interest was dismissed.
Application for physiotherapy benefits dismissed as applicant failed to prove treatment was reasonable and necessary.
The applicant sought $4,093.00 for a physiotherapy treatment plan following a motor vehicle accident.
The respondent denied the plan based on insurer's examinations by a physician and a neurologist, who concluded the treatment was not reasonable and necessary.
The Tribunal found the applicant failed to provide compelling contemporaneous medical evidence to support the plan, noting the family doctor's records did not mention the accident and the chiropractic records lacked follow-up.
The Tribunal accepted the insurer's examinations and dismissed the application, including claims for interest and an award.
Reconsideration denied; subsequent removal from Minor Injury Guideline does not invalidate prior non-compliance with insurer's examination.
The applicant requested a reconsideration of a previous Tribunal decision that barred her from proceeding to a hearing on several treatment plans due to her failure to attend an insurer's examination.
The applicant argued that the Tribunal made errors of law and fact, and that new evidence—specifically her subsequent removal from the Minor Injury Guideline—should alter the outcome.
The Tribunal dismissed the reconsideration request, finding no errors of law or fact in its previous determinations regarding the validity of the notices of examination and denial letters at the time they were issued.
The Tribunal also found that the new evidence did not meet the criteria for reconsideration.
Claims for accident benefits dismissed due to applicant's failure to attend insurer's examinations.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied several treatment plans and attendant care benefits.
The Tribunal found that the applicant was barred from proceeding with claims for three treatment plans because she failed to attend scheduled insurer's examinations without a reasonable explanation.
The Tribunal also dismissed the claim for a functional cognitive assessment, finding the respondent's denial notice complied with the Schedule.
The claim for attendant care benefits was dismissed for lack of evidence and failure to attend examinations.
Interest was awarded on previously resolved treatment plans, but the claim for an award for unreasonable delay was dismissed.
Application for accident benefits dismissed as applicant failed to prove injuries fell outside the MIG.
The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The applicant argued he should be removed from the MIG due to chronic pain with a functional impairment.
The adjudicator found that the applicant failed to prove on a balance of probabilities that he suffered from chronic pain with a functional impairment, noting that insurer examinations identified no functional impairments and the applicant continued to work two jobs.
As the applicant remained within the MIG limit, he was not entitled to the disputed treatment plans or interest.
The application was dismissed.
Application for accident benefits dismissed as the applicant failed to prove chronic pain warranting MIG removal.
The respondent denied several treatment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been exhausted.
The applicant argued she should be removed from the MIG due to chronic pain with functional impairment.
The adjudicator preferred the respondent's medical evidence, finding the applicant's expert report lacked objective corroboration and relied on vague subjective reports.
The adjudicator concluded the applicant failed to prove chronic pain with functional impairment, meaning she remained subject to the MIG.
As the MIG limits were exhausted, the claims for treatment plans and interest were dismissed.
Motion granted to remove the current litigation guardian and appoint the Office of the Children's Lawyer due to ongoing delays.
The defendants brought a motion to remove the current litigation guardian and appoint the Office of the Children's Lawyer (OCL) for the minor plaintiffs.
The current litigation guardian and her counsel failed to attend case conferences and comply with timetables, causing significant delays.
The court found that the current litigation guardian was unable to continue due to health issues and a breakdown in the solicitor-client relationship.
The court ordered the removal of the current litigation guardian and appointed the OCL in her place, as no other suitable person was available.
The court also ordered the litigation guardian's former counsel to personally pay costs thrown away for a missed appearance.
Statutory accident benefits denied; injuries found to be minor and subject to the Minor Injury Guideline.
The applicant sought statutory accident benefits following a minor parking lot collision.
The respondent denied a non-earner benefit and various treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found the applicant failed to prove a complete inability to carry on a normal life, noting inconsistencies in his testimony and a lack of corroborating medical evidence.
The Tribunal also found the applicant's injuries were predominantly minor and subject to the MIG, as he did not demonstrate any pre-existing condition warranting removal.
The disputed treatment plans were denied as they proposed treatment beyond the MIG limits.