Cynthia Kresak

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

In a supplementary decision following a reconsideration order, the adjudicator redetermined whether the applicant's injuries fell within the Minor Injury Guideline (MIG) and whether she was entitled to income replacement benefits (IRBs).

The adjudicator found that the applicant's chronic pain did not affect her functionality, relying on surveillance evidence, Ontario Works applications indicating no work restrictions, and the respondent's medical assessments.

The evidence of the applicant's occupational therapist was rejected as unreliable.

Consequently, the adjudicator concluded the injuries fell within the MIG and dismissed the claims for IRBs, medical benefits, and interest.

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

She claimed entitlement to ongoing income replacement benefits (IRBs) and a $23,581.00 medical benefit for assessments.

The Licence Appeal Tribunal found that the applicant's injuries were confined to the MIG, noting that her family doctor's records, surveillance evidence, and insurer's examinations contradicted her claims of chronic pain and functional limitation.

The Tribunal dismissed the claim for IRBs, finding the applicant did not suffer a substantial inability to perform the essential tasks of her employment, and denied the medical benefit as the proposed assessments were not reasonable and necessary.

The application was dismissed in its entirety.