Dr. Z. (Marc) Marciniak

The applicant sought statutory accident benefits following a motor vehicle accident, claiming she sustained a catastrophic impairment under Criterion 7 (55% whole person impairment).

The Licence Appeal Tribunal reviewed competing medical assessments and preferred the respondent's experts, finding the applicant's combined physical and psychological impairments resulted in a 26% whole person impairment, falling short of the 55% threshold.

The Tribunal also dismissed the applicant's claim for a functional abilities evaluation, finding it was not reasonable and necessary, and consequently denied claims for interest and a special award.

The applicant sought statutory accident benefits following a rear-end motor vehicle collision.

The Licence Appeal Tribunal considered claims for a non-earner benefit, an attendant care assessment, psychotherapy treatment, and a chronic pain assessment.

Applying the Heath test, the Tribunal found the applicant failed to establish a complete inability to carry on a normal life, noting inconsistencies in her evidence and symptom magnification identified by the respondent's psychological expert.

The Tribunal denied the non-earner benefit, attendant care assessment, and psychotherapy treatment, preferring the respondent's expert evidence.

However, the Tribunal granted the chronic pain assessment, finding it reasonable and necessary given the respondent's own medical expert's diagnosis of chronic neck and back pain.

Claims for an award under Regulation 664 were dismissed.

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

The central issue was whether her injuries fell outside the Minor Injury Guideline (MIG) due to chronic pain, psychological injuries, or a pre-existing condition.

The Tribunal found that the applicant failed to meet her burden of proving her injuries warranted removal from the MIG.

Her evidence regarding chronic pain did not meet the AMA Guides criteria, her psychological symptoms were not formally diagnosed, and there was insufficient evidence that her pre-existing shoulder tear prevented maximal recovery within the MIG limits.

As the MIG limits were exhausted, no further benefits, interest, or awards were payable.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

Disputes arose regarding her entitlement to medical benefits for treatment at a rehabilitation clinic, housekeeping expenses, the cost of a psychological assessment, and a special award.

The arbitrator found that the applicant's right knee problems and chronic pain syndrome were materially contributed to by the accident, making the clinic's treatment reasonable and necessary.

The claim for housekeeping expenses was dismissed due to inconsistencies in the evidence.

The cost of the psychological assessment was awarded as it was reasonable for the applicant's counsel to request it.

The claim for a special award was dismissed as the insurer's denials were not unreasonable.