Dr. Riaz Moola

The applicant sought statutory accident benefits following a motor vehicle accident, including an income replacement benefit (IRB), medical and rehabilitation benefits for physiotherapy and psychological services, and an award for unreasonable delay.

The Licence Appeal Tribunal dismissed the application in its entirety.

The Tribunal found the applicant failed to prove a substantial inability to perform the essential tasks of her employment, preferring the respondent's expert evidence over the applicant's experts.

The Tribunal also found the applicant failed to prove the disputed treatment plans were reasonable and necessary.

The applicant sought statutory accident benefits following a motor vehicle accident, disputing the insurer's determination that his injuries fell within the Minor Injury Guideline (MIG).

The applicant claimed entitlement to income replacement benefits (IRBs), various medical assessments, an award, and interest.

The Tribunal found that the applicant failed to meet his burden to prove that he suffered from chronic pain, a psychological impairment, or a neurological condition that would warrant removal from the MIG, noting a lack of objective medical evidence and rejecting a chiropractor's recommendations for psychological and neurological testing.

Consequently, the claims for the proposed assessments were denied.

The Tribunal also held that the applicant was barred from receiving IRBs due to his failure to comply with section 33 of the Schedule by not providing a requested OCF-3.

Claims for an award and interest were dismissed, and the respondent's request for costs was denied as the applicant's conduct did not amount to serious misconduct.

The applicant sought removal from the Minor Injury Guideline (MIG) following a motor vehicle accident, claiming a pre-existing condition and chronic pain with functional impairment.

The Tribunal found the applicant failed to provide compelling medical evidence that a pre-existing condition precluded recovery within the MIG limits, nor did they prove chronic pain with functional impairment.

The application for a $3,405.00 physiotherapy treatment plan and interest was dismissed, as the applicant's injuries were deemed predominantly minor and subject to the $3,500.00 MIG limit.