Dr. Sanjeev Sharma

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

The applicant argued for removal from the MIG based on a pre-existing degenerative disc disease and chronic pain.

The Licence Appeal Tribunal found that the applicant failed to provide compelling medical evidence that his pre-existing condition prevented maximal recovery within the MIG.

Furthermore, applying the AMA Guides, the Tribunal concluded the applicant did not meet the criteria for chronic pain with functional impairment, noting he continued to work and exercise.

The application was dismissed, and the disputed treatment plan was not considered as the applicant remained subject to the MIG limit.

The applicant sought income replacement benefits (IRB) and two treatment plans following a motor vehicle accident.

The respondent denied the benefits, relying on multiple independent medical examinations.

The Tribunal found that the applicant met the tests for both pre-104 and post-104 IRB, as he suffered from a substantial inability to perform the essential tasks of his employment and a complete inability to engage in any employment for which he was reasonably suited.

The Tribunal preferred the evidence of the applicant's experts, noting that the respondent's assessors evaluated the applicant in silos and failed to provide an integrated assessment of his physical and psychological impairments.

The treatment plans for chiropractic services and a psychological assessment were deemed reasonable and necessary.

The claim for an award under s. 10 of O. Reg. 664 was dismissed, as the respondent's conduct was not found to be unreasonable.