Dr. Oscar Manias

The applicant sought statutory accident benefits following a motor vehicle accident in August 2022, claiming entitlement to a non-earner benefit and two physiotherapy treatment plans.

The respondent denied the benefits, arguing the applicant's impairments stemmed from a prior 2019 accident and that he did not suffer a complete inability to carry on a normal life.

The Tribunal found the applicant's evidence highly inconsistent regarding his pre- and post-accident functioning and employment status.

Relying on the consistent evidence of the respondent's assessors and the applicant's own treating records, the Tribunal concluded the applicant failed to prove his entitlement to the non-earner benefit or the treatment plans.

The application was dismissed, and the respondent's request for costs due to late service of documents was also denied.