2 total
Applicant removed from Minor Injury Guideline due to concussion but denied income replacement benefits.
The applicant sought statutory accident benefits following a motor vehicle accident.
The Tribunal found that the applicant sustained a concussion, removing him from the Minor Injury Guideline.
However, the applicant failed to prove a substantial inability to perform the essential tasks of his employment, and his claim for income replacement benefits was dismissed.
The Tribunal approved a treatment plan for physiotherapy but denied plans for psychological services and an attendant care assessment due to insufficient evidence.
The court dismissed the defendants' late motion to compel a neuropsychological assessment due to unexplained delay and prejudice to the plaintiff.
The defendants brought a motion to compel the plaintiff to attend a combined psychological and neuropsychological assessment.
The plaintiff had alleged cognitive impairment and attended an Acquired Brain Injury program, but had not obtained her own neuropsychological report.
The court dismissed the motion, finding that the defendants had delayed in requesting the assessment and failed to demonstrate that trial fairness required the order, especially given the plaintiff's strategic decision not to focus on significant cognitive deficiency at trial.
The court emphasized the prejudice to the plaintiff in terms of cost and time, and the self-inflicted disadvantage of the defendants' delay.
