Dr. Kessie

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

The Licence Appeal Tribunal found the applicant failed to establish that her pre-existing degenerative disc disease and prior accident injuries precluded her recovery within the MIG.

Furthermore, the Tribunal held the applicant did not meet the criteria for chronic pain under the AMA Guides, noting her return to full-time employment and lack of dependence on pain medication.

The application for benefits was dismissed, and the respondent's request for costs due to the applicant's late submissions was denied.

The applicant sought non-earner benefits and interest following a motor vehicle accident.

The Licence Appeal Tribunal applied the Heath test to determine if the applicant suffered a complete inability to carry on a normal life.

While the Tribunal accepted that the applicant's injuries prevented him from continuing his pre-accident employment and impacted his housekeeping duties, it found that his personal care tasks were not sufficiently affected.

The Tribunal concluded the applicant failed to meet the high threshold for non-earner benefits.

The application was dismissed.

The applicant sought statutory accident benefits following a 2014 motor vehicle accident, specifically claiming $2,486.00 for a physiatry assessment and an award for unreasonably withheld payments.

The adjudicator found that the applicant failed to prove the assessment was reasonable and necessary, preferring the insurer's medical examination report which found normal neurological findings and functional range of motion.

The applicant's expert evidence on chronic pain was rejected due to reliance on subjective reporting without objective validity testing.

The claim for an award under s. 10 of O. Reg. 664 was also dismissed, as the insurer reasonably relied on its assessors' reports in denying the benefit.