4 total
Accident benefits claims dismissed; applicant failed to prove injuries exceeded the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Licence Appeal Tribunal found that the applicant failed to prove her injuries exceeded the MIG or that pre-existing conditions precluded her recovery within the MIG limits.
The Tribunal also dismissed the claim for a non-earner benefit, finding insufficient evidence of the applicant's pre- and post-accident activities to establish a complete inability to carry on a normal life.
All claims for treatment plans and interest were dismissed as the applicant remained subject to the MIG limit.
Application for pain medicine assessment dismissed due to insufficient evidence of reasonableness and necessity.
The applicant sought entitlement to a $2,486.00 treatment plan for a pain medicine assessment following a motor vehicle accident.
The respondent brought a preliminary motion to exclude late-filed evidence from the applicant's doctor.
The Tribunal admitted the late evidence but ultimately dismissed the application, finding that the applicant provided negligible submissions and failed to demonstrate that the proposed treatment plan was reasonable and necessary.
Reconsideration denied; no error of fact in rejecting treatment plans for chiropractic services and physiatry assessment.
The applicant sought reconsideration of a decision denying three treatment plans for chiropractic services and one for a physiatry assessment.
The applicant argued the Tribunal made errors of fact by ignoring a physiotherapy referral and a chronic pain diagnosis from a section 25 assessor.
The adjudicator dismissed the request, finding that a physiotherapy referral does not constitute objective evidence for chiropractic services, and that the insurer's physiatrist was properly preferred over the section 25 assessor because the applicant's minimal use of pain medication was inconsistent with a chronic pain diagnosis.
Application for non-earner benefit and treatment plans dismissed as applicant failed to prove complete inability.
The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit and several treatment plans for chiropractic and physiatry services.
The Licence Appeal Tribunal found that the applicant did not suffer a complete inability to carry on a normal life, preferring the evidence of the insurer's experts over the applicant's experts regarding her physical and psychological impairments.
The Tribunal also denied the treatment plans, finding insufficient objective evidence to demonstrate they were reasonable and necessary.
Claims for an award, interest, and costs were also dismissed.
