Dr. Frederick Levenston

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that his injuries fell within the Minor Injury Guideline (MIG).

The applicant also claimed entitlement to an income replacement benefit (IRB) and a chiropractic treatment plan.

The Tribunal found that the applicant's injuries were predominantly minor, preferring the insurer's examination report over the applicant's medical evidence, which lacked insight on causation.

The Tribunal also dismissed the IRB claim, finding the applicant failed to establish entitlement after returning to work and failed to prove the claimed quantum based on his actual net income.

The application was dismissed.

The applicant sought income replacement benefits (IRBs) and non-earner benefits (NEBs) following two motor vehicle accidents.

The insurer denied the benefits and sought repayment of $42,402.58 in IRBs previously paid, alleging material misrepresentation regarding the applicant's employment and income.

The arbitrator dismissed the applicant's claims, finding that his pain complaints were long-standing and pre-existing, and he failed to prove a substantial inability to perform his employment tasks or a complete inability to carry on a normal life.

The arbitrator also dismissed the insurer's claim for repayment, concluding there was insufficient evidence to prove the applicant wilfully misrepresented his employment or committed fraud.