Nicholas Kapelos

The applicant sought statutory accident benefits after slipping and falling on a snowbank while attempting to enter a taxi.

The respondent denied benefits on the basis that the incident was not an 'accident' under s. 3(1) of the Statutory Accident Benefits Schedule.

The Tribunal applied the purpose and causation tests, finding that while the purpose test was met, the causation test failed because the snowbank was an intervening act and the dominant feature of the incident.

The application was dismissed.

The applicant sought a medical benefit of $1,812.52 for physiotherapy treatment following a 2014 motor vehicle accident.

The respondent denied the benefit, arguing the treatment was not reasonable and necessary.

The Tribunal found that the applicant failed to meet his burden of proving the treatment plan was reasonable and necessary, noting a lack of evidence that previous physiotherapy had been beneficial and that the applicant had reached maximum medical improvement.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, specifically a treatment plan for physiotherapy services in the amount of $1,797.00.

The insurer denied the benefit.

The Licence Appeal Tribunal found that the applicant failed to prove the treatment plan was reasonable and necessary, noting that the applicant had tried physiotherapy pre-accident without significant benefit and that insurer examinations did not recommend it.

The application was dismissed and no interest was awarded.