Dr. Margaliot

The applicant sought statutory accident benefits following a motor vehicle accident, claiming her physical and psychological injuries removed her from the Minor Injury Guideline (MIG).

The respondent denied the claims, relying on insurer's examinations that concluded the injuries were soft tissue in nature and fell within the MIG.

The Tribunal found that the applicant failed to provide compelling medical evidence to prove her injuries warranted treatment outside the MIG, noting that her chiropractic expert's methodology lacked proven reliability and her psychological expert relied heavily on self-reporting.

The application for benefits and interest was dismissed.

The applicant, a self-employed taxi driver, was involved in a rear-end motor vehicle accident and sought statutory accident benefits, including income replacement benefits, medical benefits, and expenses.

The respondent denied the benefits, arguing the injuries were minor and the applicant failed to attend an insurer's examination.

The Tribunal found that the applicant suffered physical and psychological impairments that caused a substantial inability to perform the essential tasks of his employment for the first 104 weeks post-accident, entitling him to income replacement benefits for that period.

However, the Tribunal concluded that the applicant's condition had improved sufficiently that he did not suffer a complete inability to engage in any employment beyond 104 weeks.

The Tribunal also found the claimed medical benefits, including prescription drugs, chiropractic services, and an in-home assessment, to be reasonable and necessary.

The respondent's preliminary issue regarding non-attendance at the insurer's examination was dismissed, as the examination was not reasonably necessary.

No costs were awarded.