Dr. Ida Jacqueline Cavaliere

The applicant sought statutory accident benefits following a motor vehicle accident, arguing her injuries warranted removal from the Minor Injury Guideline (MIG) due to psychological impairments and chronic pain.

The Tribunal found the applicant failed to meet her burden of proof, noting a lack of corroborating clinical records from treating physicians to support the psychological diagnosis.

Relying on the respondent's insurer examinations, the Tribunal concluded the applicant's injuries were predominantly minor.

As the MIG limits were exhausted, the disputed treatment plans and claim for interest were dismissed.

The applicant sought income replacement benefits (IRBs) following a motor vehicle accident.

The Tribunal dismissed both parties' preliminary requests for adjournments.

On the merits, the Tribunal found that while the applicant was self-employed at the time of the accident, he failed to prove a substantial inability to perform the essential tasks of his employment within the first 104 weeks, as evidence showed he continued to work under a lucrative contract performing similar duties.

Furthermore, the applicant failed to meet the more stringent post-104-week test of a complete inability to engage in any suitable employment.

The application for IRBs and interest was dismissed.

The respondent's request for costs was also dismissed, as the self-represented applicant's conduct did not rise to the level of serious misconduct.