Dr. M. Rajwani

The applicant sought a determination that he sustained a catastrophic impairment due to a mental or behavioural disorder following a motor vehicle accident.

The Tribunal applied the Pastore three-step approach and assessed the applicant's functioning in four domains.

Relying on surveillance evidence and the respondent's expert assessments, the Tribunal found the applicant sustained only mild to moderate impairments in the four domains.

The application was dismissed as the applicant failed to meet the threshold for catastrophic impairment.

The applicant, who has autism, was injured in a motor vehicle accident and sought various medical and rehabilitation benefits, primarily for chiropractic services, as well as interest and an award under Regulation 664.

The Licence Appeal Tribunal dismissed the claims, finding that the applicant failed to prove on a balance of probabilities that her ongoing neck, shoulder, and back pain were caused by the accident.

Relying on insurer examination reports, the adjudicator concluded that the requested treatments were neither reasonable nor necessary, and consequently denied the claims for interest and a special award.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement, medical, and housekeeping benefits.

The insurer terminated benefits, arguing the applicant's injuries fell within the Pre-approved Framework Guideline for Whiplash Associated Disorder Grade II (WAD II).

The arbitrator found that the applicant's impairments did not fall outside the WAD II Guideline, relying on independent assessments and surveillance evidence showing the applicant working and driving.

The arbitrator dismissed the claims for further medical treatment, income replacement, and housekeeping benefits, and ordered the applicant to repay an overpayment of income replacement benefits.

The claim for a special award was also dismissed as the insurer acted reasonably.