Dr. Ivan Staroversky

The applicant sought statutory accident benefits following a motor vehicle accident, claiming his injuries warranted removal from the Minor Injury Guideline (MIG) due to a concussion, psychological impairments, and pre-existing conditions.

The Tribunal found insufficient medical evidence to substantiate a concussion or any non-minor physical impairments.

The Tribunal gave little weight to the applicant's psychological report and preferred the respondent's section 44 assessment, which found no objective evidence of psychological impairment.

The Tribunal concluded the applicant's injuries were predominantly minor, dismissing the claims for a psychological assessment, an award for delayed payments, and interest.

The applicant sought statutory accident benefits for psychological treatment following a motor vehicle accident.

The insurer denied the treatment plan on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the insurer failed to provide notice of its denial within the required 10 business days under section 38(8) of the Schedule, and was therefore prohibited from relying on the MIG limit.

However, the Tribunal ultimately dismissed the application, finding that the applicant failed to prove on a balance of probabilities that the proposed psychological treatment was reasonable and necessary, as the objective medical evidence did not support a significant psychological impairment.