Dr. Deborah Rabinovitch

The applicant sought statutory accident benefits for a Functional Abilities Evaluation (FAE), vocational assessments, and a Chronic Pain Assessment (CPA) following a motor vehicle accident.

The adjudicator found the FAE and vocational assessments were reasonable and necessary to determine the applicant's capacity to work as a drywaller and painter, awarding the prescribed maximum of $4,400.00 plus interest.

However, the claim for a CPA was denied because the applicant already had a comprehensive chronic pain diagnosis and the proposed assessment would not provide new medical guidance.

The respondent's request for costs was dismissed.

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

The insurer determined the injuries fell within the Minor Injury Guideline (MIG) and denied a physiotherapy treatment plan and certain expenses.

The applicant applied to the Licence Appeal Tribunal, arguing her injuries fell outside the MIG due to pre-existing conditions and chronic pain, and sought an award for unreasonable delay.

The Tribunal found the application was not statute-barred but concluded the applicant's injuries were minor and subject to the MIG limit.

The Tribunal dismissed the claims for the treatment plan, expenses, and the section 10 award, finding the insurer did not act unreasonably.

The applicant, a 72-year-old retiree, sought non-earner benefits following a motor vehicle accident.

The insurer denied the claim based on insurer's examinations.

The Tribunal applied the Heath test to compare the applicant's pre- and post-accident activities.

The Tribunal found that while the applicant experienced some pain and psychological distress, she failed to prove a complete inability to carry on a normal life, as she continued to participate in her pre-accident activities.

The application for non-earner benefits was dismissed.

The applicant was injured in a motor vehicle accident and sought attendant care benefits, medical benefits, and the cost of examinations under the Statutory Accident Benefits Schedule.

The Tribunal found the applicant was entitled to attendant care benefits for the initial period as the expenses were properly incurred, but denied benefits for the subsequent period based on the applicant's admissions of self-sufficiency and surveillance evidence.

Several treatment plans, including those for a TMJ assessment, chiropractic services, an orthopaedic assessment, and a chronic pain assessment, were deemed reasonable and necessary given the applicant's chronic pain and objective medical evidence.

Other treatment plans were denied for lack of supporting evidence.

The respondent's request for costs was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident, including non-earner benefits, attendant care benefits, and various medical and rehabilitation benefits.

The adjudicator found that the applicant failed to provide compelling evidence to demonstrate a complete inability to carry on a normal life or that her injuries fell outside the Minor Injury Guideline.

Relying on the insurer's medical examinations, the adjudicator concluded the applicant's injuries were minor and dismissed all claims for benefits.

The respondent's request for costs was also denied.