Roger Young

The applicant was severely injured in a 1991 motor vehicle accident and received statutory accident benefits for 156 weeks.

The insurer terminated benefits, arguing she no longer met the test of being continuously prevented from engaging in substantially all of her normal activities.

The arbitrator found that while her physical injuries had healed, she continued to suffer from cognitive deficiencies, dissociative states, and chronic fatigue that severely limited her ability to function independently, maintain her home, or engage in social and parental activities.

The arbitrator concluded she met the post-156 week test and ordered the insurer to pay ongoing weekly and child care benefits.

The applicant was injured in a motor vehicle accident and received statutory accident benefits as an unemployed person.

He subsequently claimed he had a valid offer of employment at the time of the accident and should receive higher benefits under section 12 of the Statutory Accident Benefits Schedule.

The insurer terminated his benefits entirely on June 17, 1994, arguing he was no longer substantially unable to perform his essential tasks.

The arbitrator found that the applicant did not have a legitimate pre-accident offer of employment.

Relying on medical reports and surveillance video showing the applicant driving and assisting passengers, the arbitrator concluded the applicant could perform his essential tasks and upheld the termination of benefits.

The arbitrator also found the applicant's subsequent shoulder dislocation was not caused by the accident.

The applicant was awarded his arbitration expenses.