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The court found the taxi driver fully liable for striking the pedestrian in a crosswalk and awarded damages after separating the accident injuries from a later workplace aggravation.
The court held the 2014 rear-end collision caused soft-tissue injuries, but not the 2018 disc herniation. Damages were set at $97,000.
Tribunal accepted claimant’s credible symptom evidence and medical opinions showing chronic mechanical back pain with functional sitting, standing, lifting and walking limitations, found she could not perform any substantially gainful occupation nor be retrained in the real world, and concluded the disability was severe and prolonged from September 2014; however the deemed date is limited to December 2014 under the 15‑month rule.
Source excerpt
On the balance of probabilities the cumulative effect of the Appellant's chronic low back pain (exacerbated by subsequent workplace and motor vehicle accidents), chronic neck pain, macular degeneration and related anxiety/depression rendered her incapable, with consistent frequency, of pursuing any substantially gainful occupation on or before the MQP; the Tribunal gave greater weight to the long‑term treating physician's reports than to critical WCB assessments and therefore allowed the appeal and awarded CPP disability effective February 2015.
Source excerpt
As of the MQP (December 31, 2005) the objective evidence established only conservatively managed back problems with no recommendation for surgery, the appellant failed to follow prescribed treatment and discontinued physiotherapy without satisfactory explanation, did not pursue retraining or widen his job search despite residual capacity, and the contemporaneous vocational and medical evidence did not establish incapacity to regularly pursue any substantially gainful occupation; therefore the appellant did not meet the 'severe' prong and the appeal is dismissed.
Source excerpt
Personal injury trial arising from a rear-end collision. The court found the plaintiff failed to prove the collision caused injury or aggravated pre-existing conditions, and dismissed the action.
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