Ruth Hartman

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

The applicant sought arbitration for ongoing weekly income benefits, claiming an inability to perform his pre-accident duties as a health care aide due to back pain.

The arbitrator reviewed medical evidence and the physical demands of the occupation, concluding that the applicant did not suffer a substantial inability to perform the essential tasks of his employment.

The claim for ongoing weekly income benefits was dismissed, though the applicant was awarded arbitration expenses.

The applicant was injured in a motor vehicle accident and received statutory accident benefits, which were later terminated by the insurer.

The applicant sought arbitration for weekly income benefits under section 12 or, alternatively, section 13 of the Schedule.

The arbitrator found that the applicant, a 71-year-old retiree who occasionally took odd jobs, was not employed, self-employed, or unemployed within the meaning of section 12 at the time of the accident.

Furthermore, the applicant failed to establish a substantial inability to perform his essential tasks under section 13.

The insurer was awarded repayment of $8,606 in overpaid benefits, while the applicant was awarded his arbitration expenses.