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Government of Manitoba
Consumer Protection –
Automobile Injury Compensation Appeal Commission

1997 Decisions

AICAC Decisions for the Year 1997

AICAC File No. Date of Hearing (y/m/d) Date of Decision (y/m/d) Issue
AC-96-71 1997/04/14 1997/09/08 Whether victim has permanent impairment and, if so, whether caused by one or both of two motor vehicle accidents.
AC-97-17 1997/12/12 1997/12/22 Whether Appellant's benefits properly terminated for non-compliance.
AC-97-66 1997/11/12 1997/12/19 Whether the Appellant is entitled to further income replacement indemnity after the termination date of December 14th, 1995.
AC-97-72 1997/11/14 1997/12/12
  1. Appropriateness of dental treatment;
  2. whether Appellant entitled to total, or only partial, reimbursement for cost thereof.
AC-97-61 1997/10/27 1997/12/11
  1. Whether victim entitled to reinstatement of Income Replacement Indemnity (‘IRI’);
  2. Whether victim entitled to reinstatement of home care assistance.
AC-97-73 1997/12/03 1997/12/09 Whether nieces and nephews of a deceased victim qualify as dependent children?
AC-96-6 1997/11/17 1997/11/25
  1. Whether Appellant rendered unable to work by his MVA of December 6th, 1994;
  2. Whether Appellant suffered a relapse that rendered him again unable to work from September, 1995 through June, 1996;
  3. Whether the Appellant's pre-existing low back condition was exacerbated by his MVA so as to cause such a relapse;
  4. Whether the mere subjective complaints of an Appellant are enough to justify payment of Income Replacement Indemnity (‘IRI’).
AC-97-71 1997/11/04 1997/11/18
  1. Whether victim entitled to cost of gymnasium membership;
  2. Whether victim entitled to cost of new mattress.
AC-97-83 1997/10/21 1997/11/17
  1. Whether benefits properly terminated for non-cooperation;
  2. Whether victim suitable candidate for resumption of assessment and treatment.
AC-97-99 1997/11/07 1997/11/13 Eligibility for Personal Home Care Services.
AC-97-63 1997/11/03 1997/11/05
  1. Whether Appellant entitled to reinstatement of physiotherapy;
  2. Whether Appellant entitled to home care benefits.
AC-97-28 1997/09/18 1997/11/03
  1. whether I.R.I. properly terminated;
  2. whether victim entitled to I.R.I. at increased rate by virtue of Section 82(1) of the Act;
  3. whether victim lost employment due to motor vehicle accident; and
  4. whether victim entitled to re-training.
AC-97-57 1997/10/08 1997/10/19
  1. Whether victim entitled to cost of retraining;
  2. Whether victim entitled to income replacement for time spent retraining; and
  3. Whether victim entitled to income replacement for time taken for medical/chiropractic appointments.
AC-97-50 1997/10/16 1997/10/20 Whether scarring located on chin or neck?
AC-97-19 1997/09/30 1997/10/10 Whether the income replacement indemnity (IRI) was correctly terminated?
AC-97-44 1997/09/12 1997/10/09 Re-instatement of Income Replacement Indemnity (‘IRI’), physiotherapy and medication benefits.
AC-97-79 1997/10/02 1997/10/03 Claim for compensation for vacation time taken off work, but unused due to motor vehicle accident.
AC-97-12 1997/09/15 1997/09/18
  1. Whether Appellant entitled to extended gymnasium membership;
  2. Whether Appellant entitled to home care allowance.
AC-97-60 1997/08/29 1997/09/11 Whether appellant entitled to wheelchair at insurer's expense.
AC-97-38 1997/08/25 1997/09/02
  1. Quantum of impairment benefit for injury to nose;
  2. Whether Appellant entitled to impairment benefit for injury to neck;
  3. Whether Appellant entitled to impairment benefit for carpal tunnel syndrome;
  4. Whether Appellant entitled to continued chiropractic treatments;
  5. Whether Appellant entitled to impairment benefit for stroke suffered twenty-seven months post-MVA; and
  6. Whether Appellant entitled to IRI, commencing 181 days post-MVA.
AC-97-35 1997/07/28 1997/08//31 Whether accident was ‘caused by the use of an automobile.’
AC-97-03 1997/08/08 1997/08/20
  1. Termination of IRI - whether victim capable of holding former employment;
  2. Whether victim temporary or full-time earner;
  3. Whether victim entitled to further 90 days IRI under Section 110(2)(b); and
  4. Proper employment classification for victim after 180 days.
AC-97-39 1997/07/20 1997/10/04 Whether TMJ disorder resulted from motor vehicle accident, with consequent entitlement of victim to IRI benefits and other injury-related treatment and expenses.
AC-97-11 1997/07/07 1997/07/10 Alleged non-compliance by appellant with rehabilitation programs - whether termination of benefits justified.
AC-96-23 1997/01/09 1997/07/10
  1. Termination of chiropractic benefits - whether premature?
  2. Whether an order for alternative treatment is appropriate?
AC-97-43 1997/06/05
  1. Termination of payment for chiropractic treatments - whether premature;
  2. When had Appellant reached pre-accident status?
  3. Whether Appellant's professional witness entitled to ‘appearance fee’; and
  4. Claim for payment of gymnasium or health club dues.
AC-97-06 1997/04/18
  1. Claim for payment of Income Replacement Indemnity (‘IRI’) from date of dismissal from employment;
  2. which of two m.v.a.'s was cause of appellant's condition resulting, in whole or in part, in termination of employment.
AC-97-33 1997/06/12 1997/06/27 Termination of Income Replacement Indemnity benefits (‘IRI’) - whether justified.
AC-97-31 1997/06/19 1997/06/27 Claim for reinstatement of income replacement indemnity (‘IRI’).
AC-97-37 1997/06/17 1997/06/18 Whether appellant entitled to payment by MPIC for sick leave days off work.
AC-96-52 1997/03/07 1997/06/12
  1. Termination of coverage for chiropractic treatment - whether justified;
  2. Termination of coverage for massage therapy - whether justified;
  3. Claim for reimbursement of expenses for personal care assistance; and
  4. Whether Appellant entitled to payment for entire cost of new bed.
AC-96-62 1997/04/25 1997/05/13 Compensation for massage therapy treatments.
AC-96-48 1997/04/28
1997/05/08 Whether disability caused by MVA; divergence of medical evidence.
AC-97-22 1997/05/02 1997/05/05 Qualification for student lump sum indemnity.
AC-97-20 1997/04/24 1997/04/29 Entitlement of a non-earner to Income Replacement Indemnity (I.R.I.)
  1. during the first 180 days after the motor accident, and
  2. after the first 180 days.
AC-97-09 1997/04/17 1997/05/02 Appellant's entitlement to orthodontics - appropriateness and cost of treatment.
AC-96-24 1997/04/22 1997/04/28
  1. Entitlement to IRI - whether victim ‘entirely or substantially’ unable to perform essential duties of employment;
  2. Whether victim entitled to reimbursement for cost of retraining program.
AC-97-08 1997/04/09 1997/04/22 Termination of Home Care Assistance.
AC-96-49 1997/04/02 1997/04/17 Compensation for loss of University Athletic Scholarship over a four year period.
AC-96-72 1994/04/08 1997/04/10 Termination of I.R.I.; whether Appellant fit to return to work and, if not, whether continuing impairment caused by MVA.
AC-96-70 1997/02/15 1997/03/13 Whether apparent back injuries were caused by MVA and, therefore, qualify Appellant for I.R.I.
AC-97-01 1997-03/03 1994/03/03 Whether Appellant entitled to reimbursement for continued chiropractic treatment.
AC-96-73 1997/02/27 1997/03/03
  1. Allegation of permanent injury;
  2. Calculation of income replacement indemnity ('I.R.I.');
  3. Whether Appellant entitled to I.R.I. from June 5th to August 5th, 1995;
  4. Whether Appellant was prevented by M.V.A. injury from accepting other employment; and
  5. Claim for loss of business income.
AC-96-64 1997/02/10 1997/02/14
  1. Entitlement to continuing I.R.I. - proper time of termination;
  2. whether aptitude testing a prerequisite in determining suitable employment under Part 2 of the M.P.I.C. Act (‘the Act’);
  3. personal assistance expenses
AC-96-69 1994/02/07 1997/02/12 Whether Appellant entitled to reimbursement of cost of mattress and box spring.
AC-96-63 1997/02/06 1997/02/10 Whether Appellant has met onus of establishing right to benefit under Personal Injury Protection Plan.
AC-96-35 1994/01/31 1997/02/05 Was M.P.I.C. correct in terminating the Appellant's I.R.I. benefits on December 10th, 1995?
AC-96-53 1997/01/20 1997/01/28 Should there be full compensation for the purchase of a pair of in-line skates?
AC-97-10 1997/05/05 1997/01/21 Termination of Income Replacement Indemnity benefits and chiropractic treatments - whether justified.
AC-96-61 1997/01/10 1997/01/17
  1. Compensation for clothing worn at the time of the accident;
  2. Are parents 'victims' within the meaning of the M.P.I.C. Act.
AC-96-51 1997/01/06 1997/01/13 Whether 'sensory loss' includes loss of function, or whether the two are separate bases of claim; unlisted, permanent impairment - schedule as guideline.

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