Marcin Panasewicz

The applicant sought reconsideration of a Licence Appeal Tribunal decision that denied her claims for medical benefits, interest, and an award following a motor vehicle accident.

The applicant alleged the adjudicator made errors of fact regarding the medical evidence, the cause of her right knee pain, the receipt of a denial letter, and her request for an award.

The adjudicator dismissed the request for reconsideration, finding no errors of fact were made.

The adjudicator noted that the applicant failed to properly introduce medical evidence at the initial hearing, failed to rebut the legal presumption of mail receipt for the denial letter, and was not entitled to an award because no benefits were unreasonably withheld.

The applicant sought statutory accident benefits following a motor vehicle accident, including funding for physiotherapy, chiropractic treatment, and various assessments (chronic pain, orthopaedic, and psychological).

The Tribunal found that the insurer complied with the notice requirements under section 38(8) of the Schedule and that the applicant's claim for the balance of a 2015 chiropractic treatment plan was statute-barred.

The Tribunal further held that the applicant failed to prove the proposed treatment plans and assessments were reasonable and necessary, noting that her soft tissue injuries had largely resolved and her ongoing knee pain was not accident-related.

The application was dismissed in its entirety, with no entitlement to an award or interest.

The applicant, injured in a motor vehicle accident, sought non-earner benefits from the respondent insurer.

The Licence Appeal Tribunal applied the Heath test to compare the applicant's pre- and post-accident activities.

The Tribunal found that the applicant's post-accident activities, including caring for his daughters, cleaning, and watching movies, were not so significantly restricted as to constitute a complete inability to carry on a normal life.

The application for non-earner benefits, interest, and costs was dismissed.