Dr. Nesovic

The applicant sought statutory accident benefits following a motor vehicle accident.

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

The applicant claimed she suffered from a psychological impairment warranting removal from the MIG.

The Tribunal found the applicant did not prove a psychological impairment, preferring the respondent's psychological assessment over the applicant's.

The Tribunal also found the respondent's denial notices complied with s. 38(8) of the Schedule.

The applicant's claims for treatment plans, income replacement benefits, interest, and an award were dismissed.

The applicant sought payment for a $2,421.79 physiotherapy treatment plan following a motor vehicle accident.

The respondent denied the benefit, relying on an insurer's examination report indicating the applicant had reached a treatment plateau.

The adjudicator found that the applicant failed to meet her burden of proving the treatment was reasonable and necessary, as her supporting medical reports were not contemporaneous with the treatment plan request.

The application was dismissed and no interest was payable.

The applicant sought non-earner benefits and a treatment plan for psychological and neuropsychological assessments following a motor vehicle accident.

The respondent denied the benefits, arguing the applicant's limitations were due to pre-existing conditions, including multiple sclerosis, and that he did not suffer a complete inability to carry on a normal life.

The Tribunal found the applicant failed to provide sufficient evidence of his pre-accident activities or objective medical evidence to refute the respondent's insurer's examinations.

The Tribunal dismissed the application, finding the applicant was not entitled to the non-earner benefits, the treatment plan, interest, or an award for unreasonable delay.