Dr. Shafik Nazerali Dharamshi

The applicant sought statutory accident benefits for three treatment plans following a motor vehicle accident.

The respondent denied the plans and requested the exclusion of the applicant's late-filed submissions and evidence.

The adjudicator admitted the late evidence and the disputed treatment plans, finding no prejudice to the respondent and noting the tribunal's obligation to consider necessary documents.

On the merits, the adjudicator dismissed the application, finding the applicant failed to prove the treatment plans were reasonable and necessary.

The adjudicator preferred the respondent's insurer's examination reports, which consistently found the facility-based treatments unnecessary, over the applicant's clinic records.

The respondent's request for costs was also denied.

The applicant was injured in a motor vehicle accident and sought medical benefits for chiropractic treatment.

The respondent denied the claim on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued that he suffered from chronic post-traumatic headaches and post-concussion syndrome, which would remove him from the MIG.

The Tribunal found that the applicant failed to prove on a balance of probabilities that he suffered from post-concussion syndrome, noting a lack of ongoing medical treatment and his quick return to full-time work.

The Tribunal concluded that the applicant's injuries were predominantly minor and dismissed the application.