3 total
Application for accident benefits dismissed as treatment plans were not proven reasonable and necessary.
The applicant sought entitlement to statutory accident benefits for a rehabilitation assistant, physiotherapy, massage, and a gym membership following a motor vehicle accident.
The Tribunal found that the applicant failed to prove the treatment plans were reasonable and necessary.
Medical evidence demonstrated that the applicant's rotator cuff tear pre-dated the accident and that she had reached maximal medical improvement with full range of motion.
The application was dismissed.
Application for catastrophic impairment assessments dismissed as applicant failed to provide the treatment plan.
The applicant sought payment for a treatment plan totaling $22,200 for catastrophic impairment assessments following a motor vehicle accident.
The adjudicator found that the applicant failed to meet his burden of proving the assessments were reasonable and necessary, noting that the applicant did not provide a copy of the proposed treatment plan or make submissions addressing its necessity.
Accident benefits claim dismissed as statute-barred because applicant was entitled to WSIB benefits.
The applicant sought statutory accident benefits following a motor vehicle accident that occurred while she was in the course of her employment as a delivery driver.
The insurer denied benefits on the basis that the applicant was entitled to Workplace Safety and Insurance Board (WSIB) benefits.
The Tribunal held a preliminary issue hearing to determine if the claim was barred under section 61 of the Schedule.
The applicant failed to file submissions or provide evidence that she had elected to bring a tort action under section 30 of the Workplace Safety and Insurance Act.
Consequently, the Tribunal found the applicant was barred from pursuing her claim for accident benefits and dismissed the application.
