Mark S. Taborowski

The applicant sought medical and rehabilitation benefits under the Statutory Accident Benefits Schedule following a 2017 motor vehicle accident.

The respondent insurer denied treatment plans for psychological services, a gym membership, a Weight Watchers program, and physiotherapy.

The Tribunal found that the applicant failed to demonstrate the proposed treatments were reasonable and necessary as a result of the accident.

The medical evidence, including clinical notes from treating physicians, indicated that the applicant's accident-related injuries had resolved and that her ongoing complaints, including weight gain and soft tissue pain, were attributable to an unrelated endocrine disorder.

The application was dismissed in its entirety.

The applicant sought statutory accident benefits following a 2017 motor vehicle accident.

The Licence Appeal Tribunal considered claims for occupational therapy, a vocational assessment, and psychological services.

The Tribunal denied the vocational assessment, noting the applicant continued to work as a personal support worker.

The claim for occupational therapy was largely denied, save for a medication docette, as the applicant failed to prove the necessity of the remaining items.

However, the Tribunal granted the claim for psychological services, applying the 'but for' test to find the accident was a necessary cause of the applicant's psychological impairments, despite subsequent unrelated personal tragedies.

Interest was awarded on the approved benefits.