Dr. Plotnick

The applicant was injured in a motorcycle accident and sought post-104 income replacement benefits (IRBs) and an occupational therapy assessment.

The respondent insurer denied the benefits, arguing the applicant could work in alternative occupations.

The Tribunal found that the applicant, a 63-year-old self-employed hairdresser with significant physical, cognitive, and psychological impairments, suffered a complete inability to engage in suitable alternative employment.

The Tribunal awarded the IRBs and the cost of the occupational therapy assessment, along with interest.

The applicant's request for a special award under s. 10 of Regulation 664 and costs was dismissed.

The defendants moved for an order compelling the plaintiff in a motor vehicle personal injury action to undergo a further orthopaedic examination.

Applying the necessity, fairness and prejudice framework governing further defence medical examinations, the court held the evidentiary record did not establish a legitimate need for another assessment.

The defendants had already obtained a physiatry assessment addressing causation, impairment and prognosis, and failed to show a material change in condition after that defence assessment.

The motion was denied, and costs were awarded to the plaintiff on a partial indemnity scale.