Dr. Fathi Abuzgaya

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including an income replacement benefit (IRB) and the cost of a chronic pain assessment.

The respondent insurer denied the benefits, arguing the applicant did not suffer a substantial inability to perform the essential tasks of her employment as a sales representative.

The Tribunal preferred the evidence of the applicant's chronic pain specialist over the insurer's assessors, finding the applicant's physical and psychological impairments prevented her from meeting the demanding customer service requirements of her job.

The Tribunal awarded the ongoing IRB and approved the chronic pain assessment up to the $2,000 statutory maximum, along with interest on the overdue IRB.

The applicant sought payment for several treatment plans and assessments following a motor vehicle accident, which the respondent insurer denied.

The Licence Appeal Tribunal found that the applicant failed to provide sufficient medical evidence to prove the treatment plans were reasonable and necessary.

The Tribunal preferred the evidence of the insurer's assessors, who concluded the physical injuries were minor and had largely resolved, and that there was no objective evidence linking the applicant's psychological issues to chronic physical pain.

The application was dismissed.