Dr. Bohdan Osoba

The applicant sought a non-earner benefit, an award, interest, and costs following a motor vehicle accident.

The respondent denied the benefits, arguing that the applicant's inability to carry on a normal life was due to significant pre-existing physical and psychological conditions, not the accident.

The Tribunal found that the applicant failed to demonstrate a complete inability to carry on a normal life as a result of the accident, noting that his pre-accident conditions had already rendered him unable to work and limited his activities of daily living.

The Tribunal accepted the respondent's insurer's examination reports, which concluded the applicant could still engage in his pre-accident activities.

The claims for a non-earner benefit, an award, interest, and costs were dismissed.

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

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

The Licence Appeal Tribunal found that the applicant sustained a psychological impairment (moderate depressive episode and adjustment disorder with anxiety) that warranted removal from the MIG.

The Tribunal preferred the evidence of the applicant's psychologist over the insurer's expert.

The Tribunal awarded funding for a psychological assessment, initial chiropractic treatment, and psychological treatment at a reduced hourly rate for unregulated providers.

Subsequent chiropractic treatment plans were denied as the applicant had plateaued in recovery.