Sahereh Baghbani

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

The insurer denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and that the appeal should be barred due to the applicant's failure to attend an insurer's examination.

The Tribunal found the appeal was not barred, as the insurer's request for an examination was made over a year after the denial and on the eve of the hearing.

The Tribunal determined the applicant was removed from the MIG due to a chronic pain condition diagnosed by an uncontroverted medical report.

The Tribunal awarded medical benefits for chiropractic treatment and clinical notes, but denied the cost of a duplicative chronic pain assessment.

The applicant was also awarded non-earner benefits from September 27, 2016, ongoing.

The applicant sought statutory accident benefits for physiotherapy, chiropractic treatment, and the cost of completing an OCF-18 following a motor vehicle accident.

The Tribunal found the $2,495.48 treatment plan reasonable and necessary to assist in the applicant's recovery.

However, the $3,260.64 treatment plan was dismissed as the applicant was statute-barred under s. 55 for failing to attend an insurer's examination.

The claim for the cost of completing the OCF-18 was also dismissed as it did not meet the criteria under s. 25(1)3.

The Tribunal declined to order an award under s. 10 of O. Reg. 664, finding no evidence that the insurer acted in bad faith.

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

At a pre-hearing discussion, two production issues arose.

The applicant sought production of the insurer's adjusters' notes and records up to the date of the application for mediation, which the arbitrator granted, noting that the applicant was claiming a special award.

The insurer sought production of the applicant's bank records for two months before and after the accident to verify her income, as she claimed to have worked for her brother-in-law for only one month prior to the accident and was paid by direct deposit.

The arbitrator ordered the production of the bank records, finding them relevant given the lack of arms-length employment and independently verifiable evidence.

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

Her representative lost contact with her and was granted a motion to be removed from the record.

The applicant failed to attend the arbitration hearing.

The arbitrator dismissed the applicant's claims for income replacement benefits due to a lack of evidence.

The insurer's claim for repayment of income replacement benefits paid pending a Designated Assessment Centre report was granted, as the report concluded the applicant did not suffer a substantial inability to perform the essential tasks of her employment.

The applicant was ordered to repay $3,853.08 and pay the insurer's arbitration expenses of $2,947.01.