Stewart McMahon

The applicant father sought a $20,000 death benefit from his separated wife's automobile insurer following the death of their son in a motor vehicle accident.

The child lived with his mother and was principally dependent on her for financial support.

The arbitrator held that under section 11(2)(d) of the Statutory Accident Benefits Schedule, the death benefit is payable only to the single person upon whom the deceased was actually dependent, not to both parents.

The applicant's claim for a death benefit and a special award for unreasonably withheld payments were dismissed, though he was awarded his expenses for advancing an arguable position on a novel legal point.

The applicant, a professional folk singer, was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.

The insurer terminated benefits, arguing he was capable of returning to work.

The arbitrator found that the applicant suffered from severe post-traumatic depression, largely stemming from his genuine belief that he could no longer sing professionally due to dental and facial injuries.

Applying section 12(5)(b) of the Statutory Accident Benefits Schedule, the arbitrator concluded the applicant was continuously prevented from engaging in any occupation for which he was reasonably suited by education, training, or experience.

Ongoing weekly income benefits, interest, and expenses were awarded.

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

The applicant sought arbitration for ongoing weekly income benefits and supplementary medical benefits.

The arbitrator found the applicant's evidence regarding his pre-accident employment and income to be unreliable and contradictory, concluding he was only entitled to the minimum weekly benefit of $185.60, which had already been paid.

The arbitrator dismissed the claim for ongoing weekly benefits, finding insufficient medical evidence of a continuing disability that would prevent the applicant from working as a handyman.

The applicant was awarded $537.64 for certain supplementary medical and rehabilitation expenses, along with arbitration filing fees.

The applicant, a self-employed bricklayer, was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them.

The applicant sought reinstatement of benefits, claiming ongoing disability due to chronic neck and back pain.

The arbitrator found that while the applicant's pre-existing degenerative disc disease was aggravated by the accident, surveillance video demonstrating the applicant laying bricks showed he no longer had physical limitations preventing him from working.

The arbitrator concluded the applicant was entitled to benefits up to July 31, 1993, but failed to prove ongoing disability beyond that date.