Dr. Philip Dimakis

The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement benefits (IRBs) and funding for physiotherapy and a physiatry assessment.

The insurer had suspended IRBs due to the applicant's failure to attend section 44 examinations.

The Tribunal found that the applicant did not suffer a substantial inability to perform the essential tasks of her pre-accident employment, relying on functional abilities evaluations and the applicant's return to work as a cashier.

The Tribunal also dismissed the claim for physiotherapy as not reasonable and necessary, and declined to order a special award, finding the insurer did not unreasonably withhold benefits.

The insurer agreed to fund the physiatry assessment, and the Tribunal ordered interest on that overdue payment.

The applicant was involved in a motor vehicle accident and sought accident benefits, which were denied by the respondent insurer.

The applicant applied to the Tribunal, arguing his injuries warranted removal from the Minor Injury Guideline (MIG) due to pre-existing conditions and a psychological impairment, and claiming entitlement to an income replacement benefit (IRB) and specific treatment plans.

The Tribunal found the applicant failed to provide compelling medical evidence that his pre-existing conditions prevented maximal recovery within the MIG, nor did he establish a psychological impairment caused by the accident.

The Tribunal also dismissed the IRB claim, finding the applicant did not suffer a substantial inability to perform the essential tasks of his pre-accident employment as a security guard, noting his post-accident return to work.

As the applicant remained in the MIG and the limit was exhausted, the treatment plans were denied.

The application was dismissed.