Rosalind W. Eastmond

The applicant was involved in a single-vehicle collision after suffering a cardiac arrest and sought an occupational therapy assessment under the Statutory Accident Benefits Schedule.

The respondent insurer denied the benefit, arguing the applicant's brain injury was caused by the cardiac arrest, not accident-related trauma.

The Tribunal found the applicant failed to prove that his impairments would not have occurred but for the accident, noting extensive medical evidence attributing his anoxic brain injury to coronary artery disease.

The application for benefits was dismissed.

The applicant was injured in a motor vehicle accident and sought various medical and rehabilitation benefits, including a multi-disciplinary catastrophic impairment assessment, under the Statutory Accident Benefits Schedule.

The respondent denied the treatment plans.

The Licence Appeal Tribunal found that the applicant failed to provide sufficient compelling medical evidence to prove that the proposed chiropractic treatment, orthopaedic assessment, neuropsychological assessment, and catastrophic impairment assessments were reasonable and necessary.

The Tribunal noted that the applicant's medical records did not support ongoing functional limitations or a deterioration in condition that would warrant the requested assessments.

The application was dismissed in its entirety, and claims for an award and interest were also dismissed.