Dr. Hamdi Benfayed

The applicant was involved in a rear-end motor vehicle accident and sought statutory accident benefits, including a non-earner benefit and a medical benefit for a concussion assessment.

The adjudicator found that the applicant failed to demonstrate a complete inability to carry on a normal life, noting inconsistent reporting of post-accident functional deficits and a lack of evidence regarding pre-accident activities.

The adjudicator also denied the concussion assessment, drawing a negative inference from the applicant's failure to produce records from a prior OHIP-funded neurological assessment.

The application was dismissed in its entirety, with no entitlement to a section 10 award or interest.

The applicant sought medical benefits for physiotherapy and assessments following a rear-end collision.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 financial cap had been reached.

The Tribunal found that the applicant failed to prove his injuries, including alleged chronic pain and psychological impairments, fell outside the MIG.

The Tribunal also found insufficient evidence that the applicant's pre-existing conditions prevented maximal recovery under the MIG.

The application was dismissed.