Laura Zeleznik

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

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

The Tribunal found that the applicant suffered from chronic pain with functional impairment, warranting removal from the MIG.

The Tribunal also approved a treatment plan for an occupational therapy assessment as reasonable and necessary, and awarded interest on overdue payments.

The applicant's request for a special award under s. 10 of O. Reg. 664 was dismissed, as there was no evidence of unreasonable withholding or delay by the respondent.

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 non-earner benefits and funding for psychological services, relying on a psychological assessment diagnosing him with major depressive disorder and PTSD.

The Tribunal found that the applicant failed to provide corroborating medical evidence, such as clinical notes and records, to establish non-minor physical or psychological impairments.

The Tribunal accepted the respondent's psychological assessment, which found the applicant's symptoms did not meet DSM-5 criteria.

The claim for non-earner benefits was also dismissed due to a lack of evidence regarding the applicant's pre-accident activities and objective medical evidence demonstrating a complete inability to carry on a normal life.

The application was dismissed.