3 total
Application for accident benefits dismissed; applicant failed to prove chronic pain or psychological impairment warranting MIG removal.
The applicant sought statutory accident benefits following a motor vehicle accident, arguing he should be removed from the Minor Injury Guideline (MIG) due to chronic pain and psychological impairment.
The Licence Appeal Tribunal found the applicant failed to establish functional impairment from chronic pain, noting that his own expert's examination produced normal results.
The Tribunal also rejected the claim of psychological impairment, finding the psychological diagnosis relied too heavily on self-reports and lacked corroboration from the applicant's family physician.
As the applicant remained within the MIG and the limits were exhausted, the claims for treatment plans and an award were dismissed.
Application for chiropractic treatment benefits dismissed due to lack of contemporaneous medical evidence.
The applicant was involved in a motor vehicle accident and sought statutory accident benefits for chiropractic services.
The respondent denied the treatment plan, arguing the applicant had not provided sufficient evidence that further facility-based treatment was beneficial more than six years post-accident.
The Tribunal found that the applicant failed to provide contemporaneous medical evidence or objective proof that the proposed treatment was reasonable and necessary.
The application for the treatment plan and interest was dismissed.
Physiotherapy treatment plans approved for accident-related impairments; chronic pain assessment denied as duplicative.
The applicant sought medical benefits for two physiotherapy treatment plans and a chronic pain assessment following a motor vehicle accident.
The Tribunal found the physiotherapy plans reasonable and necessary to reduce pain and increase range of motion, noting the applicant's consistent reports of chronic pain to his doctors.
However, the Tribunal denied the chronic pain assessment, as the applicant had already been evaluated by two chronic pain clinics and received recommendations.
The applicant was awarded the physiotherapy benefits with interest.