Maia Abbas

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's denial of treatment plans for psychological services and a psychological assessment.

The Tribunal found the psychological services reasonable and necessary to assist with pain management and driving anxiety.

The Tribunal also approved the cost of the psychological assessment, rejecting the insurer's argument that the fee was unreasonable for lacking an hourly breakdown, as it fell within the Schedule limit.

The Tribunal awarded interest on the overdue benefits, noting inconsistencies in the insurer's medical examinations, but denied the applicant's request for a special award under O. Reg. 664, finding no evidence that the insurer unreasonably withheld or delayed payments.

The applicant was injured in a motor vehicle accident and sought non-earner benefits and medical and rehabilitation benefits from the respondent insurer.

The Tribunal found that the applicant did not suffer a complete inability to carry on a normal life, as her pain did not practically prevent her from engaging in her pre-accident activities, and dismissed the claim for non-earner benefits.

However, the Tribunal found that several of the disputed treatment plans for physiotherapy, chiropractic, acupuncture, and massage services were reasonable and necessary to treat her lingering pain.

The applicant was awarded the approved medical benefits along with interest on overdue amounts.