Dr. Adit Margaliot

The applicant was involved in a rear-end motor vehicle accident and sought statutory accident benefits, including a non-earner benefit and a medical benefit for a concussion assessment.

The adjudicator found that the applicant failed to demonstrate a complete inability to carry on a normal life, noting inconsistent reporting of post-accident functional deficits and a lack of evidence regarding pre-accident activities.

The adjudicator also denied the concussion assessment, drawing a negative inference from the applicant's failure to produce records from a prior OHIP-funded neurological assessment.

The application was dismissed in its entirety, with no entitlement to a section 10 award or interest.

The applicant was injured in a motor vehicle accident in 2016, sustaining a severe right elbow fracture.

He received income replacement benefits (IRBs) for the first 104 weeks, after which the respondent denied further IRBs.

The applicant applied to the Licence Appeal Tribunal, claiming a complete inability to engage in any suitable employment due to physical pain, fear of reinjury, and psychological impairments including depression and anxiety.

The adjudicator dismissed the application, finding that the applicant's physical injuries had healed and his psychological issues were primarily related to boredom and lack of motivation rather than a complete inability to work.

The adjudicator preferred the respondent's expert evidence, which demonstrated the applicant retained the functional capacity and vocational aptitude for alternative employment.