David K.L. Starkman

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

The insurer terminated her weekly income benefits after 156 weeks, arguing she no longer met the eligibility test under section 12(5)(b) of the Schedule.

The applicant applied for arbitration, claiming her injuries continuously prevented her from engaging in suitable employment.

The arbitrator dismissed the application, finding that while the applicant suffered residual disabilities from a head injury, she had made a remarkable recovery and was capable of returning to work in the computer field, for which she was reasonably suited by education, training, and experience.

The applicant was injured in a motorcycle accident in 1990 and received weekly income benefits until the insurer terminated them in 1994, applying the post-156 week eligibility test.

The applicant sought continued benefits, claiming total disability, and also claimed benefits for a second motorcycle accident in 1994.

The arbitrator found that the applicant was capable of performing sedentary or light work and therefore did not meet the test of being continuously prevented from engaging in suitable employment.

The claim for the second accident was dismissed for lack of medical evidence.

The applicant was also ordered to repay an overpayment of $13,136.93 resulting from un-deducted Canada Pension Plan payments.

The applicant sought weekly, death, and funeral benefits on behalf of his deceased father, who was involved in two minor motor vehicle accidents in December 1992 and subsequently experienced a rapid decline in health, dying in June 1993.

The arbitrator found that while the accidents caused an initial inability to perform essential tasks, entitling the estate to weekly benefits for a limited period, they did not directly or indirectly cause the death.

Medical evidence suggested an underlying malignancy was the likely cause of the rapid deterioration and death.

Claims for death benefits, funeral expenses, and a special award were dismissed, but the applicant was awarded expenses of the arbitration.