Kenneth J. Conroy

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement, medical, attendant care, and housekeeping benefits.

The insurer denied the benefits, arguing the accident was not severe enough to cause the impairments.

The Arbitrator found that the applicant's shoulder tear was caused by the accident and required surgery.

The Arbitrator awarded income replacement, housekeeping, and attendant care benefits for a fixed period surrounding the surgery and recovery, as well as medical benefits and costs of examinations.

The claim for a special award was dismissed because the insurer's initial denial was based on inconclusive evidence at the time.

The applicant, a pedestrian injured in a motor vehicle accident, sought post-104 week income replacement benefits.

The arbitrator found that while the applicant sustained orthopaedic injuries preventing him from returning to his pre-accident employment as a stair builder, he did not suffer a complete inability to engage in any employment for which he was reasonably suited by education, training, or experience.

The applicant failed to provide evidence of efforts to secure suitable alternative employment or retrain.

The application for benefits, special award, and interest was dismissed, and the insurer was awarded its expenses.

The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) from the insurer.

At the time of the accident, the applicant was receiving Employment Insurance (EI) Maternity Benefits.

The parties disputed whether the EI Maternity Benefits were deductible from the IRBs.

The arbitrator held that under the Statutory Accident Benefits Schedule, gross employment income includes benefits received under the Employment Insurance Act.

Therefore, the insurer is entitled to deduct 70 percent of the EI Maternity Benefits received by the applicant during the same period that IRBs are payable.

The Applicant sought accident benefits following an incident where he was assaulted by individuals who threw a rock at him from a vehicle, punched and kicked him, and then struck him with the vehicle as they drove away.

The Arbitrator found that the injuries from the assault (rock, punches, kicks) did not arise from an 'accident' as defined in the Schedule, but the soft tissue injuries from being struck by the retreating vehicle did.

However, the Applicant's claims for Income Replacement Benefits were denied due to a lack of credible evidence regarding his employment status at the time of the accident.

The Arbitrator also concluded that the injuries sustained from the vehicle contact fell within the Minor Injury Guideline, restricting his entitlement to Medical and Rehabilitation Benefits.