Dr. Craig Rosenblatt

The applicant sought reconsideration of a Tribunal decision dismissing his claims for statutory accident benefits, including an Income Replacement Benefit, a Work Site Assessment, and a Functional Abilities Evaluation.

The applicant argued the Tribunal violated natural justice by issuing the decision before receiving his written submissions, misused surveillance evidence, applied the wrong legal test, and misinterpreted medical evidence.

The adjudicator dismissed the request, finding no violation of procedural fairness as the applicant failed to submit written submissions in a timely manner, and concluding there were no significant errors of law or fact in the original decision.

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

The respondent denied the claim, arguing the applicant did not meet the threshold of a complete inability to carry on a normal life.

The Tribunal applied the Heath framework and found that the applicant's accident-related fibromyalgia and chronic pain significantly impaired her ability to engage in her pre-accident activities, particularly caring for her family and maintaining her home.

The Tribunal concluded the applicant met the threshold and awarded the non-earner benefit with interest.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including an income replacement benefit, costs of examinations, and medical benefits for physiotherapy.

The respondent insurer denied the claims.

The Tribunal found that the applicant had returned to work as a truck driver shortly after the accident, as evidenced by his own testimony, his son's testimony, tax returns, and surveillance footage.

Medical evidence from insurer examinations also supported that he did not suffer a substantial inability to perform his essential tasks.

The Tribunal dismissed the claims for income replacement benefits, finding the applicant did not meet the test.

The claims for medical benefits and assessments were also dismissed as they were not reasonable and necessary, and the applicant had failed to attend scheduled insurer examinations.