Dr. Jeffrey Kobayashi

The minor applicant was involved in a motor vehicle accident and sought statutory accident benefits for optical, speech and language, and psychological assessments.

The respondent insurer denied the treatment plans.

The adjudicator found that the applicant failed to provide sufficient objective medical evidence to prove on a balance of probabilities that the proposed assessments were reasonable and necessary as a result of the accident.

The adjudicator accepted the respondent's medical evidence that the applicant's impairments were related to pre-existing diagnoses of Autism Spectrum Disorder and Attention Deficit Hyperactivity Disorder, rather than the accident.

The application was dismissed.

The applicant, who was 12 days old at the time of a minor motor vehicle accident, sought a determination that he sustained a catastrophic impairment.

The applicant's mother claimed he suffered a concussion resulting in developmental delays.

The adjudicator found no objective medical evidence of a head injury from the accident, noting that treating physicians and assessors concluded the applicant's developmental issues were not accident-related.

The mother's testimony was deemed unreliable as it contradicted the medical records.

The application was dismissed.