Eli Smolarcik

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

The respondent denied the claims, arguing the injuries fell within the Minor Injury Guideline (MIG) and its $3,500 limit.

The Tribunal found that the applicant's pre-existing psychological issues were exacerbated by the accident, resulting in diagnoses of depression and anxiety that removed her from the MIG.

The Tribunal preferred the evidence of the applicant's psychologist over the respondent's insurer examination psychologist.

Consequently, the Tribunal ordered the respondent to pay for the disputed physical treatment, psychological assessment, and psychological treatment, finding them all to be reasonable and necessary, along with interest on overdue payments.

The applicant was injured in a motor vehicle accident and sought medical and rehabilitation benefits.

The respondent insurer denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued that she suffered from cervical radiculopathy and chronic pain, which would remove her from the MIG.

The Tribunal found insufficient evidence to support a diagnosis of cervical radiculopathy, noting the absence of a Nerve Conduction Test or Spurling's Test.

The Tribunal also found that the applicant failed to prove her ongoing pain was accompanied by functional impairment, and thus did not meet the threshold for chronic pain.

As the applicant's injuries were predominantly minor and the $3,500 MIG limit was exhausted, the application for dispute resolution was dismissed.

The applicant sought income replacement benefits (IRB) and medical benefits following a motor vehicle accident.

The Licence Appeal Tribunal found the applicant was not entitled to IRB as she failed to provide medical evidence demonstrating a substantial inability to perform the essential tasks of her employment.

The Tribunal also determined the applicant's injuries fell within the Minor Injury Guideline (MIG), as she provided no medical diagnosis of chronic pain or psychological impairment to remove her from the MIG cap.

Because the $3,500 MIG limit was already exhausted, the disputed treatment plans were not payable.

Finally, the Tribunal awarded $250 in costs to the respondent because the applicant and her counsel failed to attend the teleconference hearing without providing reasonable notice, which constituted bad faith.