Dr. Rose Giammarco

The plaintiff brought an action for damages arising from a motor vehicle incident where he abruptly stopped to avoid downed guy wires caused by the defendants' snow plow.

The plaintiff claimed to have suffered electrocution and permanent, debilitating headaches.

The court found the plaintiff's evidence unreliable and uncorroborated, concluding he suffered only soft tissue injuries that resolved within two years.

The defendants' motion to dismiss the non-pecuniary claims for failing to meet the statutory threshold under the Insurance Act was granted.

The claims for past and future income loss were also dismissed as the plaintiff had been fully compensated by prior benefits.

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant contended that her pre-existing migraines and back pain were exacerbated by the accident, and that she suffered from chronic pain and a possible concussion, warranting removal from the MIG.

The Tribunal found insufficient medical evidence to support removal from the MIG, noting the applicant's functional abilities remained intact and there was no formal diagnosis of a concussion or chronic pain syndrome.

As the MIG limits were exhausted, the disputed treatment plan was deemed not reasonable and necessary.

The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs).

The Tribunal found that the applicant, a self-employed steel worker, met the pre-104 week IRB test because his accident-related impairments rendered him substantially unable to perform the heavy physical demands of his pre-accident employment.

However, the Tribunal dismissed the claim for post-104 week IRBs, finding the applicant failed to establish a complete inability to engage in any employment for which he was reasonably suited, as he continued to perform modified and sedentary duties for his business.

The applicant was awarded pre-104 IRBs and interest on overdue payments.

The plaintiff was injured in a motor vehicle accident and sought statutory accident benefits, including caregiver and non-earner benefits, from her insurer.

The insurer terminated caregiver benefits after 104 weeks, prompting the plaintiff to sue for the benefits, as well as damages for bad faith and mental distress.

The Superior Court of Justice dismissed the action, finding that the claim was statute-barred because it was commenced more than two years after the insurer's clear refusal to pay.

Furthermore, the court held that even if the claim were not statute-barred, the plaintiff failed to prove she suffered a complete inability to carry on a normal life, largely due to pre-existing conditions and a lack of objective medical evidence.

The claims for bad faith and mental distress were also dismissed as the insurer's conduct was reasonable and there was insufficient evidence of compensable distress.

The applicant was injured in a minor motor vehicle accident and received statutory accident benefits until they were terminated by the insurer.

She applied for arbitration, claiming she developed a chronic pain condition rendering her continuously disabled from returning to work.

The arbitrator found the applicant's credibility to be seriously questionable due to inconsistencies and denials of her physical abilities.

Relying on medical evidence that identified pre-existing degenerative disease, emotional depression, and other psycho-social factors as the primary causes of her ongoing disability, the arbitrator concluded the accident was not a significant contributing factor.

The claim for further weekly income benefits was dismissed, though the applicant was awarded her reasonable expenses of the arbitration.