Dr. S. Dessouki

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

The insurer denied funding for physiotherapy, a psychological assessment, and an orthopaedic assessment on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant sustained a psychological impairment, removing her from the MIG.

The Tribunal ordered the insurer to pay for the psychological assessment, less transportation costs, but dismissed the claims for physiotherapy and the orthopaedic assessment as the applicant failed to prove they were reasonable and necessary.

The applicant was struck by a vehicle while pushing her infant in a grocery cart and sought a determination of catastrophic impairment due to psychological injuries, along with ongoing Income Replacement Benefits (IRBs) and medical benefits.

The Tribunal found that while the applicant suffered a mental or behavioural disorder caused by the accident, her impairments were moderate rather than marked, and thus she did not meet the catastrophic impairment threshold.

However, the Tribunal granted the applicant's claim for post-104 week IRBs, finding she suffered a complete inability to engage in suitable employment based on vocational and psychological assessments.

Claims for specific physiotherapy and chiropractic treatment plans were dismissed for lack of evidence, though the insurer was ordered to pay HST on an approved psychological treatment plan.

A claim for a special award was dismissed.

The applicant sought medical and rehabilitation benefits following a motor vehicle accident.

The insurer denied the claims, arguing the injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant's pre-existing conditions, including knee osteoarthritis and abdominal issues, as well as a post-accident chronic pain diagnosis, removed her from the MIG.

The Tribunal ordered the insurer to pay for multiple treatment plans and a chronic pain assessment, finding them reasonable and necessary, but denied the cost of a medical bracelet and the applicant's request for costs.