Dr. Raymond J. Zabieliauskas

The applicant sought statutory accident benefits following a motor vehicle accident, claiming she sustained a concussion, psychological injuries, and exacerbation of a pre-existing condition that warranted removal from the Minor Injury Guideline (MIG).

The respondent denied the claims, relying on insurer examinations which concluded the injuries were predominantly minor.

The Tribunal found the applicant failed to provide sufficient medical evidence, such as a formal diagnosis or neurological testing, to prove she suffered a concussion or other non-minor injuries.

The Tribunal concluded the applicant's injuries fell within the MIG, dismissing her claims for treatment plans outside the $3,500 limit, interest, and a special award.

The applicant was injured in a motor vehicle accident and received income replacement benefits (IRBs) until the insurer terminated them, arguing his ongoing back pain was caused by post-accident weight gain rather than the accident.

The Tribunal found that the applicant's rapid weight gain and chronic pain were a result of the accident.

Relying on the applicant's medical experts, the Tribunal concluded the applicant met both the pre-104 week test of substantial inability to perform his pre-accident employment and the post-104 week test of complete inability to engage in suitable employment.

The applicant was awarded ongoing IRBs with interest, and the insurer's claim for repayment of benefits was dismissed.