Dr. R.J. Zabieliauskas

The applicant was involved in a motor vehicle accident and sought statutory accident benefits, including a medical benefit for psychological services and income replacement benefits (IRBs).

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

The Licence Appeal Tribunal found that the applicant did not suffer from a chronic pain condition or psychological impairment caused by the accident, and therefore her injuries were subject to the MIG and its $3,500 funding limit.

Consequently, the claim for psychological services was dismissed.

The Tribunal also found that the applicant did not suffer a substantial inability to complete the essential tasks of her pre-accident employment as a warehouse packager, dismissing her claim for IRBs and interest.

The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement benefits (IRBs), physiotherapy, psychological treatments, and medication expenses.

The Tribunal found the applicant was disentitled to pre-104 week IRBs due to non-compliance with section 33 of the Schedule for failing to provide self-employment financial records, and did not meet the test for post-104 week IRBs.

The Tribunal approved the physiotherapy treatment plans as reasonable and necessary, but dismissed the claims for the unapproved portions of the psychological treatment plans and the medication expenses.

The claim for an award under section 10 of Regulation 664 was dismissed as the insurer's denials were reasonably informed by independent medical examinations.

The applicant sought various medical benefits, including psychological, orthopedic, and neurological assessments, as well as physiotherapy, following a motor vehicle accident.

The respondent denied the benefits, arguing the injuries fell within the Minor Injury Guideline and were largely related to pre-existing conditions.

The Tribunal found that the applicant's elbow issues pre-dated the accident and were not exacerbated by it.

Furthermore, surveillance evidence and insurer's examinations demonstrated that the requested assessments and treatments were not reasonable and necessary.

The application was dismissed, and no interest was payable.

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that her injuries fell within the Minor Injury Guideline (MIG).

The applicant argued for removal from the MIG based on chronic pain and psychological impairments, and sought income replacement benefits (IRBs) and various treatment plans.

The Tribunal found that the applicant failed to establish functional impairment from chronic pain or a diagnosable psychological disorder, keeping her within the MIG.

As the $3,500 MIG limit was exhausted, the treatment plans were not payable.

The Tribunal also dismissed the claim for IRBs, finding insufficient evidence of a substantial inability to perform the essential tasks of her pre-accident employment.

Claims for an award and costs were both dismissed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

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

The Tribunal found that the applicant suffers from chronic pain syndrome, removing him from the MIG and entitling him to $65,000 in medical and rehabilitation benefits.

However, the Tribunal dismissed the claim for a non-earner benefit, finding the applicant did not suffer a complete inability to carry on a normal life.

The Tribunal also denied the proposed chiropractic and massage therapy services but granted the cost of a chronic pain assessment.

The applicant sought interim weekly income replacement benefits (IRBs) and housekeeping benefits following two motor vehicle accidents.

The insurer had terminated benefits based on an insurer's medical examination which concluded the applicant could return to work.

The arbitrator found that the insurer's medical assessment improperly ignored the applicant's pain and relied on flawed heart rate testing to conclude a lack of effort.

Finding that the applicant established a very probable case for ongoing entitlement, the arbitrator ordered the insurer to pay interim IRBs of $400 per week for a 17-week period.

The claim for interim housekeeping benefits was dismissed for lack of evidence.