Dr. Michael A. Zahavi

The applicant sought entitlement to two treatment plans for physiotherapy services totaling $6,775.13 following a motor vehicle accident.

The respondent denied the benefits.

The Tribunal found that the applicant failed to prove the treatment plans were reasonable and necessary, noting that the applicant had returned to work and pre-accident activities, and that a home exercise program was sufficient.

The Tribunal preferred the evidence of the respondent's medical examiner over the applicant's chronic pain expert.

The application was dismissed and no interest was awarded.

The applicant was struck by a motor vehicle as a pedestrian and sought statutory accident benefits for chiropractic services.

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

The Licence Appeal Tribunal found that the applicant's injuries, which included chronic pain, fell outside the MIG based on the detailed medical evidence of her chronic pain specialist.

The Tribunal ordered the respondent to pay the disputed medical benefits, finding them reasonable and necessary, along with interest on the overdue amounts.