Dr. Ian Finkelstein

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

The insurer determined her injuries fell within the Minor Injury Guideline (MIG) and denied several treatment plans.

The Tribunal found that the applicant's injuries were not predominantly minor due to chronic pain, removing her from the MIG.

Furthermore, the Tribunal held that the insurer failed to provide sufficient medical reasons in its denial notices as required by s. 38(8) of the Schedule.

Consequently, the disputed treatment plans for chiropractic care, massage therapy, and a chronic pain assessment were payable.

The applicant's claim for an award under O. Reg. 664 was dismissed, as the insurer's conduct was not found to be excessive or imprudent.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs) and funding for psychological and neurological assessments.

The insurer denied the claims.

The Licence Appeal Tribunal found that the applicant failed to prove her physical impairments were caused by the accident, noting significant pre-existing conditions and a lack of pre-accident medical records.

However, the Tribunal found her psychological impairments were accident-related, preferring the evidence of the applicant's psychologist over the insurer's expert.

The Tribunal denied the claim for IRBs, finding the applicant did not suffer a substantial inability to perform her pre-accident employment tasks.

The claim for a psychological assessment was partially granted, while the neurological assessment was denied.

The insurer's request for costs was also dismissed.