• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

IME

18-000456 v Aviva Insurance Canada, 2018 CanLII 130867 (ON LAT),

18-000456 v Aviva Insurance Canada, 2018 CanLII 130867 (ON LAT), <http://canlii.ca/t/hxfcr

  [23]        Dr. Oshidari conducted the other IE and drafted a multidisciplinary report dated March 6, 2018. He found the applicant had reached maximal medical recovery from a physical standpoint in relation to the 2016 Accident related injuries. Dr. Oshidari found that the applicant’s recent weight gain was the cause of the back issues and nerve issues. He recommended an exercise program to address the applicant’s weight. In addition, Dr. Oshidari found that the applicant no longer had any impairment related to the 2016 Accident.   

[24]        I give little weight to Dr. Oshidari’s report as it relates to the applicant’s entitlement to a chronic pain Treatment Plan. Dr. Oshidari’s report was mostly a copy and paste of an earlier report on June 20, 2017. It was light on details and not well developed. For example, he notes that applicant has gained weight and puts in brackets “(not related to Accident)”. Dr. Oshidari does not explain why he believes the weight gain is not related to the applicant’s symptoms nor what information he relied on to reach that conclusion. Dr. Oshidari also suggested the applicant simply needs a gym membership to address his weight which would presumably address his ongoing pain symptoms. However, the applicant had already stated to Dr. Brown that he was unable to go to the gym as a result of his chronic pain caused by the 2016 Accident.

   [25]        I prefer the report of Dr. Brown which is more detailed, thorough and provides explanation for the findings made over the report of Dr. Oshidari.

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