Timothea Leung

The applicant was injured in a motor vehicle accident and sought income replacement benefits.

The respondent scheduled insurer's examinations (IEs), which the applicant failed to attend.

The respondent raised a preliminary issue arguing the applicant was barred from proceeding under section 55 of the Statutory Accident Benefits Schedule.

The Tribunal found that the applicant failed to attend properly scheduled IEs without a reasonable excuse.

The Tribunal declined to exercise its discretion to permit the application to proceed, noting the respondent was prejudiced by the inability to obtain a contemporaneous medical opinion.

The application was dismissed.

The applicant was involved in a motor vehicle accident and sought medical benefits for chiropractic treatment, a functional abilities assessment, and a catastrophic assessment.

The insurer denied the benefits on the basis that they were not reasonable and necessary.

The Licence Appeal Tribunal found that the applicant's physical injuries had largely resolved and her ongoing psychological issues and thumb injury were not related to the accident.

The Tribunal concluded that the requested treatment and assessments were not reasonable and necessary, and dismissed the application.

The applicant sought entitlement to non-earner benefits and two physiotherapy treatment plans following a motor vehicle accident.

The adjudicator found that the applicant did not suffer a complete inability to carry on a normal life, noting inconsistencies in her testimony, a lack of supporting medical documentation, and surveillance evidence showing her engaging in various activities such as driving and shopping.

The adjudicator also dismissed the claims for physiotherapy, finding the treatment plans were not reasonable and necessary, relying on insurer examination reports that concluded the applicant had reached maximum medical improvement and should continue with a self-directed home exercise program.

The application was dismissed.

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

The respondent denied further income replacement benefits, medical benefits, and cost of examinations, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant's injuries, including chronic pain and a sacroiliac joint sprain, were predominantly minor and subject to the MIG funding limit, which had been exhausted.

The Tribunal also dismissed the claim for income replacement benefits, preferring the respondent's expert evidence that the applicant was not substantially impaired from performing the essential tasks of employment.

The applicant was injured in a motor vehicle accident and sought accident benefits from the insurer.

After failing to attend multiple pre-hearing discussions, her counsel was removed from the record.

The applicant was ordered to confirm new representation or her intention to self-represent by a specific deadline, failing which the insurer could move to dismiss the arbitration.

The applicant failed to comply with the order.

The arbitrator granted the insurer's motion and dismissed the application for arbitration as an abuse of process under section 23 of the Statutory Powers Procedure Act.

The appellant appealed on the basis that the trial judge proceeded with the trial in her absence without inquiring into why she left the courtroom.

The Court of Appeal found no error, noting the appellant had stated she could not go through a trial, lacked resources for a lawyer, felt the proceedings were a charade, and voluntarily decided to leave.

The appeal was dismissed.