Dr. J. Ikonomakis

The applicant was involved in a motor vehicle accident and sought statutory accident benefits, including a medical benefit for psychological services and income replacement benefits (IRBs).

The respondent insurer denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that the applicant did not suffer from a chronic pain condition or psychological impairment caused by the accident, and therefore her injuries were subject to the MIG and its $3,500 funding limit.

Consequently, the claim for psychological services was dismissed.

The Tribunal also found that the applicant did not suffer a substantial inability to complete the essential tasks of her pre-accident employment as a warehouse packager, dismissing her claim for IRBs and interest.

The Applicant sought a determination that he sustained a catastrophic impairment and was entitled to ongoing income replacement benefits following a 2017 motor vehicle accident.

The Respondent brought a preliminary motion to strike the Applicant's catastrophic impairment report, arguing it was not conducted by a physician as required by section 45(2)1 of the Schedule.

The Tribunal dismissed the motion, finding the report was directed by a physician and compliant with the Schedule.

On the merits, the Tribunal preferred the Applicant's expert evidence, concluding he suffered a marked impairment in all four areas of functioning due to somatic symptom disorder and major depressive disorder.

The Tribunal found the Applicant catastrophically impaired and completely unable to engage in suitable employment, granting entitlement to income replacement benefits and interest.