Evan A. Argentino

The applicant sought statutory accident benefits following a motor vehicle accident.

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

The applicant claimed his injuries, including cervical radiculopathy and chronic pain, warranted removal from the MIG.

The Tribunal found the applicant failed to prove his physical impairments or chronic pain were accident-related or caused functional limitations sufficient to remove him from the MIG.

The application for additional treatment plans was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

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

The applicant argued for removal from the MIG based on physical injuries, including a partial tendon tear and degenerative issues, as well as psychological impairments.

The Tribunal found that the physical injuries were predominantly sprains and strains or non-accident-related degenerative conditions.

The Tribunal also rejected the psychological assessment report, preferring the contemporaneous clinical notes of the treating physician, which did not support an accident-related psychological impairment.

The application was dismissed, and the applicant was found not entitled to the disputed treatment plans or interest.

The appellants appealed the dismissal of their contempt motion against the respondents for breach of a 2012 judgment.

The 2012 judgment had found that the respondents interfered with water drainage from the appellants' property by damaging a drainage pipe, changing the slope of their driveway, and installing a rubber dam.

The respondents were ordered to restore the flow of water within three months.

The motion judge dismissed the contempt motion, finding that the respondents had complied by replacing the damaged pipe.

The Court of Appeal allowed the appeal, finding that the motion judge misinterpreted the 2012 judgment, misapprehended the expert evidence, and misapplied the test for civil contempt.

The court ordered the respondents to implement the necessary steps to restore water flow as recommended by the appellants' expert, including installation of two 250mm diameter pipes and removal of the rubber dam.

The applicant sought statutory accident benefits following a motor vehicle accident.

The Tribunal found the applicant was statute-barred from pursuing a non-earner benefit because he failed to attend scheduled insurer's examinations without a reasonable explanation.

The Tribunal also held that the applicant's injuries fell within the Minor Injury Guideline (MIG), as he failed to provide compelling medical evidence of physical or psychological impairments warranting removal.

While two treatment plans for physiotherapy were denied, a treatment plan for a psychological assessment was deemed payable because the insurer's denial notice failed to mention the MIG, violating section 38(9) of the Schedule.

The appellant RSA appealed a motion judge's decision regarding insurance policy priority following a motor vehicle accident.

The plaintiff was struck by a vehicle owned by D'Souza and driven by Lamoureux.

The central issue was whether the plaintiff's OPCF 44R underinsured motorist endorsement or D'Souza's personal umbrella liability policy (PLUP) would respond after the primary automobile policy limits were exhausted.

The motion judge determined that the OPCF 44R took priority over the PLUP, that RSA could not deduct the PLUP limits from its OPCF 44R payments, and that RSA could not issue a third-party claim against Certas or subrogate against the defendants.

The Court of Appeal upheld all of these determinations.

The applicant sought statutory accident benefits following a motor vehicle accident, arguing his injuries warranted removal from the Minor Injury Guideline (MIG) due to chronic pain and psychological impairments.

The Licence Appeal Tribunal found the applicant did not meet the burden of proof for removal from the MIG.

The medical evidence, including clinical notes and records, did not support a diagnosis of chronic pain with functional impairment or a psychological condition caused by the accident.

Furthermore, surveillance evidence contradicted the applicant's claims of functional limitation.

As the applicant remained in the MIG and the limits were exhausted, the disputed treatment plans were not considered, and the application was dismissed.

The applicant was injured in a motor vehicle accident and sought accident benefits, which the respondent insurer denied on the basis that her injuries fell within the Minor Injury Guideline (MIG).

The applicant applied to the Licence Appeal Tribunal, arguing she should be removed from the MIG due to psychological injuries and chronic pain.

The Tribunal found insufficient evidence of a psychological injury, preferring the respondent's psychological assessment over the applicant's, and noted a lack of contemporaneous medical evidence supporting chronic pain.

The Tribunal concluded the applicant's injuries were predominantly minor, subject to the MIG limit, and dismissed the claims for psychological treatment, assessment, and interest.

The applicant sought statutory accident benefits following a rear-end motor vehicle collision.

The insurer denied the treatment and assessment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant's injuries were predominantly minor, as medical records did not support chronic pain or psychological impairment.

However, the Tribunal ordered the insurer to pay for the disputed treatment and assessment plans because the insurer's Explanation of Benefits (EoB) notices failed to comply with the medical reasons and MIG notice requirements under section 38 of the Schedule.

The claim for an award for unreasonable delay was dismissed.

The applicant sought accident benefits following a motor vehicle accident, disputing the insurer's determination that his injuries fell within the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that the applicant's injuries, consisting of sprains and strains, met the definition of a minor injury and that he failed to provide compelling medical evidence of a pre-existing condition or chronic pain to warrant removal from the MIG.

Consequently, the disputed treatment plan for physiotherapy was not considered, and claims for interest and an award for unreasonable delay were dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, including a non-earner benefit, various treatment plans for chiropractic and psychological services, an award, and interest.

The adjudicator found that the applicant failed to prove on a balance of probabilities that she suffered a complete inability to carry on a normal life, noting that her treating family doctor and psychiatrist's records did not support her claims of physical or psychological impairment resulting from the accident.

The adjudicator preferred the respondent's section 44 examination reports, which concluded the applicant suffered no ongoing accident-related impairments.

Consequently, the claims for the non-earner benefit and the treatment plans were dismissed, along with the claims for an award and interest.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied various treatment plans and assessments on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant's injuries were predominantly minor, preferring the respondent's medical evidence which aligned with the clinical notes of the treating family physician and ER records.

The Tribunal gave less weight to the applicant's assessors due to inconsistent self-reporting by the applicant.

As the applicant remained within the MIG, the disputed treatment plans and interest were denied.

The applicant sought accident benefits following a motor vehicle collision.

The insurer denied a chiropractic treatment plan on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued she suffered from psychological injuries, chronic pain, and neurological issues that removed her from the MIG.

The Tribunal found insufficient evidence of a psychological injury or chronic pain condition, noting the applicant did not meet the AMA Guides criteria for chronic pain.

The Tribunal concluded the applicant sustained a minor injury, making her subject to the $3,500 funding limit, and dismissed the claims for the treatment plan and interest.

The applicant sought statutory accident benefits following a motor vehicle accident.

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

The Tribunal found that the applicant suffered from psychological impairments, including adjustment disorder and automobile anxiety, which warranted removal from the MIG.

The Tribunal ordered the respondent to pay $2,200.00 for a psychological assessment and interest on overdue payments, but denied the applicant's request for a special award, finding no bad faith by the respondent.

The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement benefits, attendant care benefits, medical and rehabilitation benefits, and various assessments.

The respondent denied the benefits.

The Licence Appeal Tribunal found that the applicant did not suffer a substantial inability to perform the essential tasks of his employment, relying on section 44 assessments.

The Tribunal also found that the applicant did not require attendant care services or the disputed medical benefits and assessments, as they were not supported by the medical evidence.

The application was dismissed in its entirety.

The applicant sought statutory accident benefits following a motor vehicle accident, including non-earner benefits and various treatment plans.

The Licence Appeal Tribunal found that the applicant failed to prove a complete inability to carry on a normal life, as she continued to drive and attend university.

However, because the insurer was two days late in denying the non-earner benefit, the applicant was awarded $422.86 for the period prior to the denial.

The Tribunal dismissed the claims for the disputed treatment plans, finding insufficient medical evidence to prove they were reasonable and necessary.

The applicant sought accident benefits following a motor vehicle accident, disputing the insurer's determination that her injuries fell within the Minor Injury Guideline (MIG).

The applicant argued she should be removed from the MIG due to pre-existing back issues and chronic pain.

The Tribunal found the applicant failed to provide compelling medical evidence that a pre-existing condition prevented her maximal recovery within the MIG, nor did she establish a diagnosis of chronic pain with functional impairment.

The Tribunal also dismissed the claim for income replacement benefits, finding the applicant did not prove a substantial inability to perform the essential tasks of her employment as a production packer.

As the applicant's injuries were deemed minor, the disputed treatment plans were denied for exceeding the $3,500 MIG limit.

The application was dismissed.

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

The insurer denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that the applicant's pre-existing injuries, which were exacerbated by the accident, warranted removal from the MIG.

The Tribunal approved five treatment plans for physiotherapy, finding them reasonable and necessary to address the applicant's ongoing pain and functional limitations.

However, a treatment plan for a social work assessment was denied, as the applicant had largely returned to pre-accident activities and the proposed hourly rate exceeded the professional services guideline.

Interest was awarded on the overdue physiotherapy benefits.

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to physiotherapy, psychological treatment, and an attendant care assessment.

The Licence Appeal Tribunal dismissed the application, finding that the applicant had reached maximum medical recovery for her soft tissue injuries and that her psychological complaints were pre-existing and not accident-related.

As no benefits were payable, the claim for interest was also dismissed.

The applicant was injured in a motor vehicle accident and sought a non-earner benefit (NEB) under the Statutory Accident Benefits Schedule.

The respondent denied the claim, and the applicant applied to the Licence Appeal Tribunal.

Applying the Heath framework, the adjudicator compared the applicant's pre- and post-accident activities.

The adjudicator found that the applicant's subjective complaints were inconsistent with surveillance evidence and medical assessments, which showed she remained physically active, socialized, and performed various activities of daily living.

The application was dismissed, as the applicant failed to prove a complete inability to carry on a normal life.

The applicant sought statutory accident benefits following a rear-end motor vehicle collision.

The respondent denied funding for a physiotherapy treatment plan on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 funding limit had been exhausted.

The applicant argued he should be removed from the MIG due to chronic pain and psychological impairments, relying on expert reports from a physiatrist and a psychiatrist.

The Tribunal found the expert reports unpersuasive as they failed to distinguish pre-existing conditions, relied on an unproven concussion diagnosis, and contradicted the objective medical records of the treating family physician.

The Tribunal concluded the applicant sustained only minor soft tissue injuries and dismissed the application.