Dr. S. Ming-Wai Tu

The applicant sought statutory accident benefits following a motor vehicle accident.

The adjudicator found that the applicant's injuries were predominantly minor, as he failed to establish a psychological impairment or chronic pain syndrome that would remove him from the Minor Injury Guideline.

Consequently, his medical and rehabilitation benefits were capped at $3,500, and his claims for further treatment were dismissed.

The adjudicator partially allowed the claim for an income replacement benefit, granting it for a limited period during which the applicant was substantially unable to perform the heavy physical tasks of his construction business.

The claim for HST on an income replacement report was denied, as the Schedule does not mandate HST payments beyond the statutory cap for such reports.

The applicant sought statutory accident benefits following a 2017 motor vehicle accident, disputing the respondent's denial of an ongoing income replacement benefit (IRB), a chronic pain assessment, and psychological services.

The Licence Appeal Tribunal dismissed the claim for ongoing IRB, finding the applicant failed to prove a substantial inability to perform the essential tasks of his employment, relying on a psychological reassessment indicating his driving anxiety had improved.

The Tribunal also denied the disputed psychological services due to a lack of evidence challenging the respondent's partial approval.

However, the Tribunal granted the $2,000 chronic pain assessment, finding it reasonable and necessary given the applicant's consistent pain reporting and objective evidence of meralgia paresthetica.