Dr. Rick Tavares

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

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

The Licence Appeal Tribunal found that while the applicant failed to establish chronic pain, she provided uncontested psychological evidence diagnosing her with Major Depressive Disorder and a travel phobia, removing her from the MIG.

The Tribunal awarded the cost of a psychological assessment and an outstanding balance for chiropractic treatment, with interest, but denied further chiropractic and physiotherapy treatment plans for lack of objective medical evidence establishing ongoing physical impairments.

The applicant was involved in two motor vehicle accidents and sought statutory accident benefits.

The arbitrator found that the applicant suffered a catastrophic impairment as a result of the second accident, primarily due to psychiatric impairments including major depressive disorder, which resulted in a marked impairment in work adaptation.

The claims for attendant care and housekeeping benefits were dismissed as statute-barred because the applicant failed to provide timely notice and an assessment of attendant care needs prior to mediation.

Various medical and rehabilitation benefits were found to be reasonable and necessary and were awarded.

The claim for a special award was dismissed as the insurer acted reasonably in adjudicating the complex claims.