headaches, decreased memory, difficulties with multi-tasking, word finding,
sleeping, fatigue, mood fluctuations and motivation as a result of the accident.
The applicant returned to Dr. Pannozzo42 reporting poor coordination in his
hands, specifically with zippers, balance issues, blurred vision and headaches.
Dr. Pannozzo also referred the applicant to a neurologist to investigate his
headaches. The applicant did not present evidence that he attended a
The applicant submitted that both a chiropractor and/or a physiotherapist are
trained to recognize the signs and symptoms of a concussion and post-
concussive syndrome. The applicant directed the Tribunal to 18-000655 v.
Echelon General Insurance Company43, where the applicant tried to escape the
MIG as a result of a concussion. In that matter, Adjudicator Sewrattan found that
the applicant did have a concussion, despite the respondent’s neurologist not
observing “a clear sign” of post-concussive syndrome. The applicant submitted
that as he has three independent medical professionals indicating he suffers from
concussion like symptoms and headaches, he must be removed from the MIG.
The applicant also submitted that his diagnostic imaging being unremarkable,
meaning not being unusual, is not the “be all end all” in determining an injured
person has a concussion, as seen in 17-001473 v Unica Insurance Inc.44.
The respondent disagreed with the applicant’s position and argued that his
reports of headaches are not as a result of a concussion or post-concussion
syndrome that would remove him from the MIG. Instead, it submitted that the
applicant’s headaches are a sequela of his soft tissue injuries as a result of the
The clinical notes and records also noted that on the day of assessment, the
applicant’s dizziness was “here and there, not chronic, lightheaded and “off”, did
not suffer from vertigo, nausea but did report neck pain, hearing changes,
headaches, issues with talking and word finding, and chronic fogginess”45. The
notes also state that the applicant did not attend concussion treatment.
The respondent also noted that the clinical notes and records from the applicant’s
visits that the applicant underwent laser eye surgery a week before his
assessment and felt like his vision wasn’t as clear as he used to be. Based on
42 On June 11, 2020.
43 18-000655 v. Echelon General Insurance Company, 2018 132557 (ON LAT).
44 17-001473 v Unica Insurance Inc., 2017 69462 (ON LAT).
45Based on the clinical notes and records of Body Techy Physio, dated October 4,2019.
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