Dr. Lena Solomon

The applicant sought a determination of catastrophic impairment and entitlement to various statutory accident benefits following a 2013 motor vehicle accident.

The respondent denied the benefits and sought repayment of income replacement benefits, alleging willful misrepresentation.

The Tribunal found that the applicant did not sustain a catastrophic impairment, as he failed to establish a 55% Whole Person Impairment or a Class 4 marked psychological impairment, preferring the respondent's medical experts over the applicant's.

Consequently, the claims for medical, attendant care, and housekeeping benefits were dismissed.

The Tribunal also dismissed the respondent's claim for repayment, finding insufficient evidence of fraud or willful misrepresentation by the applicant regarding his employment status.

The applicant sought a non-earner benefit and a medical benefit for chiropractic services following a motor vehicle accident.

The adjudicator found that the applicant did not meet the test for a non-earner benefit, as video surveillance and medical assessments demonstrated she had resumed most of her pre-accident activities, including caring for her children, driving, and household chores.

The adjudicator also denied the medical benefit for chiropractic services, finding it was not reasonable and necessary because the applicant had reached a plateau in her recovery and was successfully participating in an independent exercise program.

Claims for an award under Ontario Regulation 664 and interest were consequently dismissed.