Dr. Bezhad Taromi

The applicant sought statutory accident benefits following a motor vehicle accident, specifically disputing the insurer's denial of attendant care benefits and transportation expenses.

The Licence Appeal Tribunal reviewed competing occupational therapy assessments to determine the appropriate level of attendant care over several periods.

The Tribunal awarded attendant care benefits at varying rates for different periods based on the most persuasive assessments, ultimately finding no entitlement beyond August 10, 2017.

The Tribunal also awarded transportation expenses limited to the amounts indicated on the submitted treatment plans, along with interest on overdue payments, but denied the claim for a special award.

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

The central issue was whether the applicant's injuries fell within the Minor Injury Guideline (MIG), which caps benefits at $3,500.

The applicant argued that psychological impairments and chronic pain syndrome removed him from the MIG.

The Tribunal found that the applicant failed to prove a psychological injury, preferring the insurer's psychological assessment over the applicant's due to inconsistencies in the applicant's self-reporting.

While the Tribunal accepted that the applicant suffered from chronic pain syndrome, it concluded that the chronic pain symptoms were clinically associated sequelae to his minor soft-tissue injuries, and therefore fell within the MIG definition.

Consequently, the applicant's claims for various treatment and assessment plans were denied as the $3,500 limit applied.