Dr. Robert Fera

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits (IRB) and medical benefits beyond the Minor Injury Guideline (MIG) limit due to chronic pain and psychological impairment.

The Licence Appeal Tribunal found that the applicant failed to prove her injuries fell outside the MIG, preferring the respondent's insurer examination reports which concluded she suffered only soft-tissue injuries.

As the MIG limit was exhausted, the disputed treatment plans were denied.

The Tribunal also dismissed the claim for IRB, finding insufficient evidence that the applicant suffered a substantial inability to perform the essential tasks of her employment or a complete inability to engage in any employment.

The applicant sought an income replacement benefit (IRB) of $79.00 per week beyond the 104-week mark following a motor vehicle accident.

The respondent insurer denied the benefit, arguing the applicant did not suffer a complete inability to engage in suitable employment.

The Tribunal reviewed medical and vocational evidence, finding the respondent's insurer examinations persuasive, particularly as they directly addressed the post-104 week test.

The applicant's medical evidence, while supporting her complaints of pain and psychological issues, failed to address whether she suffered a complete inability to work.

The Tribunal dismissed the application for IRBs, interest, and costs, noting the applicant failed to meet her evidentiary burden.