Dr. Mohammad Nikkou

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for a chronic pain assessment and a functional assessment, as well as a special award for unreasonable delay.

The Licence Appeal Tribunal found the chronic pain assessment to be reasonable and necessary, preferring the evidence of the applicant's assessors over the respondent's assessors.

However, the Tribunal denied the functional assessment because it was based solely on a telephone consultation.

The claim for a special award was also dismissed as the respondent's denial did not constitute unreasonable conduct.

The applicant was injured in a rear-end motor vehicle accident and sought Non-Earner Benefits (NEB) under the Statutory Accident Benefits Schedule.

The respondent denied the NEB, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and she did not suffer a complete inability to carry on a normal life.

The Tribunal found that the applicant's injuries were predominantly soft tissue injuries falling within the MIG.

Relying on Independent Medical Examinations and the applicant's family physician's clinical notes, the Tribunal concluded the applicant failed to meet the burden of proving a complete inability to carry on a normal life.

The application for NEB and interest was dismissed.