Roger F.X. Marentette

The applicant was injured in a motor vehicle accident and received statutory accident benefits, including weekly income and supplementary medical benefits, until April 1994.

She applied for arbitration to reinstate these benefits, claiming she suffered from chronic pain that prevented her from returning to her pre-accident job as a security guard.

The arbitrator reviewed medical evidence and video surveillance showing the applicant performing various physical activities, including shopping and shoveling snow.

The arbitrator preferred the evidence of the insurer's rehabilitation specialist and concluded the applicant no longer suffered a substantial inability to perform the essential tasks of her employment.

The claims for ongoing benefits were dismissed, though the applicant was awarded her arbitration expenses.

The Applicant was injured in a motor vehicle accident and received statutory accident benefits until the Insurer terminated them.

The Applicant applied for arbitration, claiming ongoing entitlement to weekly income benefits.

The Insurer relied on video surveillance and medical reports indicating the Applicant had recovered and was capable of returning to work.

The Arbitrator found that the Applicant's injuries had sufficiently healed by the termination date, noting that his reluctance to return to work was due to job dissatisfaction rather than physical disability.

The claim for ongoing benefits was dismissed, but the Applicant was awarded the expenses of the arbitration.