The claimant was catastrophically impaired in a motor vehicle accident in August 2017, and remained in a coma until the date of his death on September 11, 2018. The claimant claimed for legal fees incurred in obtaining a guardianship order, arguing that the legal fees were a rehabilitative benefit. The respondent argued that the legal fees were not goods and services, and further denied liability based on the claimant’s failure to submit and treatment plan in advance of incurring the expense. Adjudicator Fricot concluded that the claimant was not entitled to payment for the legal fees incurred in obtaining a guardianship order. She noted that irrespective of whether the expense was a rehabilitation expense, the claimant did not submit a treatment plan in advance of incurring the legal costs associated with obtaining the guardianship order. As such, the respondent was not liable to pay those costs.
Category: Medical Benefits
The claimant sought reconsideration of the Tribunal’s denial of the cost of a chronic pain assessment. Vice Chair Trojek concluded that the Tribunal did not make an error in fact such that it would likely have reached a different result had the error not been made. The reconsideration request was dismissed.
The claimant sought entitlement to four medical benefits. Adjudicator Ferguson dismissed the claims. He held that the proposed assessments were not reasonable and necessary, and that the proposed treatment was not proven to be related to an accident-related impairment.
The claimant sought entitlement to various medical benefits. Adjudicator John awarded the all of the claimed assessments and treatment. She found that the claimant continued to suffer from chronic pain which affected her activities of daily living. She also suffered psychological injuries that required ongoing treatment. Adjudicator John was not persuaded by surveillance which showed the claimant engaging in certain normal activities. She also held that a partial release at FSCO did not prevent the claimant from disputing entitlement to the medical benefits that formed part of the LAT dispute.
The claimant sought entitlement to two medical benefits. The claimant also sought to add a new medical benefits claim as part of a written hearing. Adjudicator Punyarthi permitted the issue to be added, but held that it was not payable because a treatment plan had never been submitted in relation to the incurred treatment. The two medical benefits for physical therapy that were originally part of the dispute were not awarded because the claimant failed to demonstrate that passive treatment was warranted for her injuries.
The claimant sought entitlement to one medical benefits for physical therapy. Adjudicator Ferguson dismissed the claim. He held that the claimant failed to demonstrate that the claimed benefit was reasonable and necessary.
The claimant sought entitlement to IRBs and two medical benefits. Adjudicator Gosio concluded that the claimant suffered a substantial inability to perform her job as a bartender up to the end of the 104 week period, but she did not meet the “complete inability” test. He accepted that there were other similar employment options available to the claimant, and for which opportunities existed in her community. The medical benefits for physical therapy and psychological therapy were found reasonable and necessary.
The claimant sought entitlement to a functional abilities evaluation/vocational assessment and a chronic pain assessment. Adjudicator Ferguson held that functional abilities evaluation/vocational assessment was payable up to the Professional Services Guideline limits, but denied entitlement to the chronic pain assessment. The FAE was awarded because the claimant was not able to do his pre-accident work and sought appropriate alternatives. The chronic pain assessment did not add anything to the claimant’s treatment as he was already diagnosed with chronic pain and given recommendations.
The claimant sought entitlement to payment of physical therapy. Adjudicator Mather concluded that the treatment was not reasonable and necessary because there was no evidence that such treatment was beneficial and that further treatment was required.
The claimant sought removal from the MIG and entitlement to four medical benefits. Adjudicator Hamud concluded that the claimant suffered chronic pain syndrome and that his injuries did not fall within the MIG. The family physician’s clinical notes and records supported the conclusion, and the IE physicians failed to fairly consider the claimant’s reports of pain. Adjudicator Hamud also found the claimed treatment plans for physical therapy and a chronic pain assessment to be reasonable and necessary.