Ivan Staroversky

The applicant sought income replacement benefits (IRBs) following a motor vehicle accident in December 2021.

The respondent denied the benefits based on section 44 assessments.

The adjudicator found significant inconsistencies in the applicant's self-reporting, including discrepancies regarding his medication use, treatments, and a subsequent accident in 2022.

The adjudicator placed less weight on the applicant's expert reports because they relied heavily on his unreliable self-reports and failed to review relevant medical records.

Preferring the respondent's section 44 assessments, the adjudicator concluded that the applicant failed to prove on a balance of probabilities that he suffered a substantial inability to perform the essential tasks of his pre-accident employment.

The application for IRBs and interest was dismissed, and the respondent's request for costs was denied.

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

The insurer denied treatment plans for a psychological assessment and psychological therapy, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that while the physical injuries were minor, the uncontradicted psychological assessment evidence demonstrated the applicant suffered from an adjustment disorder with mixed anxiety and depressed mood, warranting removal from the MIG.

The Tribunal ordered the insurer to pay for the disputed treatment plans with interest, but declined to order a special award, finding the insurer's conduct was not egregious.

The applicant sought statutory accident benefits, claiming he suffered physical and psychological injuries when he jumped out of the way of a reversing vehicle.

The respondent denied the claim on the basis that the incident was not an 'accident' under s. 3(1) of the Statutory Accident Benefits Schedule.

The Tribunal found that the applicant's alleged injuries did not arise out of the ordinary use or operation of an automobile, failing the purpose test.

The medical evidence showed significant pre-existing conditions and no contemporaneous reports of injury, undermining the applicant's credibility.

The application was dismissed.