Dr. Henry Svec

The minor applicant was involved in a motor vehicle accident and sought approval for an EEG assessment recommended by her treating psychologist.

The respondent insurer denied the treatment plan on the basis that the applicant had not been diagnosed with a concussion.

The Tribunal found that the applicant's reported symptoms, including headaches and hitting her head on the car window, supported the need for the assessment.

The Tribunal ordered the respondent to pay the $1950.00 for the EEG and denied the respondent's request for costs, finding no evidence that the applicant acted frivolously or in bad faith.

The applicant, a minor, sought payment for a psychological assessment following a motor vehicle accident.

The respondent insurer denied the claim on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the $3,500 limit had been nearly exhausted.

The adjudicator found that the applicant failed to meet the burden of proving her injuries fell outside the MIG, as the medical evidence, including reports from her family physician and the respondent's assessors, indicated only minor injuries such as strains and contusions.

The claim for the psychological assessment was dismissed.

The respondent's request for costs was also denied, as there was no evidence the applicant acted frivolously or in bad faith.