Dr. John Crawford

The plaintiff was involved in a rear-end motor vehicle accident and claimed damages for chronic pain and psychological impairments.

Following a nine-day jury trial, the defendant brought a threshold motion arguing the plaintiff's injuries did not meet the statutory requirement of a permanent serious impairment under the Insurance Act.

The court reviewed extensive medical evidence and found the plaintiff lacked credibility, having concealed her pre-accident medical history and exaggerated her symptoms.

The court concluded the plaintiff failed to establish on a balance of probabilities that her injuries were permanent, noting she had voluntarily stopped treatment and had significant pre-existing conditions.

The defendant's motion was granted and the plaintiff's action was dismissed.

The Applicant was injured in a motor vehicle accident and sought statutory accident benefits for massage therapy, chiropractic care, and a magnetic resonance stimulation machine (MRS 2000).

The Insurer denied the claims.

The Arbitrator found the Applicant to be highly credible and motivated, and concluded that the massage therapy and chiropractic care were reasonable and necessary to support her active rehabilitation and pain management goals.

The claim for the MRS 2000 was dismissed as its cost was not reasonable given the minor degree of success and lack of supporting evidence.

Interest was awarded on the overdue benefits.