Dr. Nima Pardisnia

The applicant sought a non-earner benefit (NEB) and an award following a 2014 motor vehicle accident.

On a rehearing ordered by a reconsideration decision, the Tribunal found the applicant established entitlement to the NEB.

The Tribunal applied the Heath test and concluded that the applicant's accident-related physical and psychological impairments continuously prevented her from engaging in substantially all of her pre-accident activities, which included daily exercise, chores, and socializing.

The Tribunal placed limited weight on the respondent's expert reports, finding they either lacked a comprehensive analysis of the applicant's activities or contradicted their own findings.

The applicant's request for an award under s. 10 of O. Reg. 664 was dismissed, as she failed to establish that the respondent unreasonably withheld or delayed payment of the NEB.

The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) and the cost of a psychological assessment.

The adjudicator found that the applicant failed to prove that her inability to work was caused by the accident, noting significant pre-accident and post-accident medical issues unrelated to the collision.

The adjudicator accepted the respondent's medical assessments that the applicant could perform the essential tasks of her pre-accident employment.

While the adjudicator found the psychological assessment was necessary, the claim was dismissed because the applicant failed to prove the proposed fees were reasonable under the Professional Services Guideline.

The application was dismissed.