David Wylupek

The applicant was involved in a motor vehicle accident and sought statutory accident benefits.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued he should be removed from the MIG due to a pre-existing back condition from 1988.

The Tribunal found that the applicant failed to provide compelling medical evidence that his pre-existing condition would prevent maximal medical recovery if kept within the MIG limits.

Consequently, the applicant's injuries were deemed predominantly minor, and his claims for a treatment plan and interest were dismissed.

The applicant, who sustained catastrophic injuries in a motor vehicle accident, sought $12,887.06 for a home massage chair under the Statutory Accident Benefits Schedule.

The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to provide sufficient medical evidence to demonstrate that the massage chair was reasonable and necessary.

The Tribunal noted that the treatment plan alone, without supporting medical documentation or recommendations from treating practitioners, was insufficient to meet the applicant's burden of proof.

The respondent raised a preliminary issue arguing that the application for a catastrophic impairment designation was moot because the applicant had passed away.

The Tribunal applied the Borowski test for mootness and found that there was no longer a live controversy, as the applicant had not exhausted lower benefit limits and could not access future benefits post-mortem.

The applicant's counsel provided no submissions to persuade the Tribunal to exercise its discretion to hear the moot case.

The application was dismissed.

The applicant requested to re-activate her human rights application, which had been deferred pending the receipt of her WSIB file.

The respondent consented to the re-activation on the condition that it be allowed 35 days to file a Response.

The Tribunal ordered the application re-activated and granted the respondent 35 days to file its Response.