Dr. G. Jaroszynski

The applicant sought statutory accident benefits following two motor vehicle accidents.

The respondent insurer determined the applicant's injuries fell within the Minor Injury Guideline (MIG) and denied funding for various treatment plans.

The adjudicator found that the applicant suffered psychological injuries, including somatic symptom disorder and PTSD, which removed her from the MIG and its $3,500 funding limit.

However, the adjudicator dismissed the claims for in-home occupational therapy, acupuncture, and a social work assessment, finding them not reasonable and necessary for the applicant's accident-related injuries based on the medical evidence.

The applicant sought income replacement benefits following a motor vehicle accident, claiming physical and psychological impairments prevented him from working as a machine operator.

The Licence Appeal Tribunal reviewed medical evidence, including insurer examinations, which indicated the applicant's soft tissue injuries had resolved and his adjustment disorder did not cause a substantial inability to perform his light-duty work.

The Tribunal dismissed the application, finding the applicant did not suffer a substantial inability to perform the essential tasks of his employment during the disputed period.

The applicant, a plasterer, was injured in a motor vehicle accident and claimed ongoing income replacement benefits (IRBs) and medical benefits for a chronic pain condition.

The insurer terminated IRBs, arguing the applicant's chronic pain lacked objective medical evidence and was driven by pre-existing psychological factors.

The arbitrator found that the applicant developed a bona fide chronic pain condition as a result of the accident, rendering him substantially unable to perform his essential tasks or any suitable employment.

The arbitrator awarded ongoing IRBs, various medical expenses, and assessment costs.

Furthermore, the arbitrator ordered a special award of $7,500 against the insurer for unreasonably withholding payments and failing to properly assess the applicant's chronic pain condition.