Dr. Stephen James

The applicant sought statutory accident benefits following a motor vehicle accident, claiming she sustained a catastrophic impairment.

The Licence Appeal Tribunal assessed her physical and psychological impairments under Criteria 7 and 8 of the Schedule.

The Tribunal found the applicant's Whole Person Impairment rating was 41%, falling short of the 55% threshold, and that she suffered only moderate, not marked or extreme, psychological impairments.

Claims for a non-earner benefit, attendant care benefits, and various treatment plans were also dismissed due to insufficient evidence and failure to meet the respective legal tests.

The application was dismissed in its entirety.

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

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant sought removal from the MIG based on psychological impairments and chronic pain.

The Tribunal found insufficient evidence of psychological impairment or functional limitations caused by chronic pain to warrant removal from the MIG, preferring the respondent's medical evidence which was corroborated by the applicant's treating physician's records.

As the applicant's injuries were predominantly minor and the MIG limit was exhausted, the disputed treatment plans and assessments were denied.

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

The Insurer denied several treatment plans and assessments, arguing the Applicant's injuries fell within the Minor Injury Guideline (MIG).

The arbitrator found that the Applicant's psychological and orthopaedic expert reports were tainted by a conflict of interest, as the primary psychologist had a close personal and financial relationship with the Applicant, and other experts relied on her clinic's flawed assessments.

The arbitrator excluded or gave no weight to the Applicant's expert evidence and accepted the Insurer's independent medical examinations.

The arbitrator concluded the injuries were predominantly minor and dismissed the claims for further benefits.