Dr. Giachino

The applicant sought statutory accident benefits following a motor vehicle accident in March 2019.

The respondent denied income replacement benefits (IRBs) and a physiotherapy treatment plan.

The Tribunal found that the applicant suffered a mild traumatic brain injury and whiplash, causing a substantial inability to perform the essential tasks of her self-employment for the first 104 weeks.

However, this inability ceased when she applied for the Canada Emergency Response Benefit (CERB) in March 2020, attesting she was ready and able to work.

The Tribunal denied IRBs beyond the 104-week mark, finding no complete inability to engage in any employment.

The claim for physiotherapy services was dismissed as the applicant failed to demonstrate the treatment was reasonable and necessary.

Interest was awarded on the overdue IRB payments.

The applicant sought statutory accident benefits following a motor vehicle accident, including attendant care, physiotherapy, psychological services, occupational therapy, and medication costs.

The Licence Appeal Tribunal dismissed the application, finding that the applicant's chronic pain and major depressive disorders were pre-existing conditions and not caused by the accident.

The Tribunal rejected the applicant's psychiatric expert evidence because it relied on unreliable self-reporting that contradicted pre-accident medical records showing ongoing opioid and antidepressant use.

In a post-hearing motion, the Tribunal ordered the applicant to pay expert witness fees under Tariff A of the Rules of Civil Procedure to three insurer examination assessors whom the applicant had summoned to testify.