Dr. Joshua Goldstein

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

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

The applicant argued her pre-existing chronic neck and back pain warranted removal from the MIG.

The Tribunal found the applicant failed to provide compelling medical evidence that her pre-existing conditions precluded recovery within the MIG, preferring the insurer's physiatry assessment.

The Tribunal also dismissed the claim for non-earner benefits, finding the applicant's self-reported limitations were contradicted by pre-accident medical records and lacked corroborating medical evidence.

The application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, claiming psychological impairments that warranted removal from the Minor Injury Guideline (MIG).

The Tribunal found that the applicant failed to prove on a balance of probabilities that he suffered an accident-related psychological impairment, preferring the evidence of the respondent's psychiatric assessor and the applicant's treating psychiatrist over the applicant's psychological assessor.

The Tribunal also found that the respondent's denial of a treatment plan was timely and compliant with the notice requirements under s. 38(8) of the Schedule.

The application was dismissed, and the applicant was held to the MIG limits.

The applicant sought entitlement to statutory accident benefits for an occupational therapy assessment and treatment plan following a 2018 motor vehicle accident.

The adjudicator found that the applicant failed to prove the treatment plans were reasonable and necessary, noting that medical evidence and the applicant's own self-reports indicated she was independent in her activities of daily living, had resumed driving, and was working.

As no benefits were payable, the claims for interest and a special award were also dismissed.

The accused pleaded guilty to assault with a weapon, assault causing bodily harm, and simple assault committed against his former domestic partner in her home on multiple occasions between March and July 2016.

The accused also pleaded guilty to breaching a section 810.2 recognizance by failing to keep the peace and be of good behavior, and by failing to report as required.

The court imposed a global sentence of 2 years and 11 months prior to credit for pre-sentence custody, resulting in 701 days to serve.

The sentencing emphasized the serious nature of domestic violence, the accused's extensive criminal history including prior violent offences, and the need for specific and general deterrence.