Sudabeh Mashkuri

The applicant was injured in a motorcycle accident and sought a determination that he sustained a catastrophic impairment, along with claims for attendant care benefits and a special award.

The arbitrator evaluated competing medical assessments and preferred the insurer's experts, finding the applicant's combined physical and psychological impairments amounted to 49% Whole Person Impairment, falling short of the 55% threshold.

The claim for attendant care benefits was dismissed as the applicant failed to demonstrate an economic loss incurred by his wife and medical assessments indicated he was independent in self-care.

The request for a special award was denied because the insurer had not unreasonably withheld benefits.

The applicant was ordered to pay the insurer's hearing expenses.

The applicant, who suffered injuries in a motor vehicle accident, applied for statutory accident benefits.

A preliminary issue hearing was held to determine if the applicant was incapacitated due to dementia and whether her daughter could be appointed as her representative under Rule 10 of the Dispute Resolution Practice Code.

The arbitrator found that the applicant lacked the mental capacity to proceed and appointed her daughter to act on her behalf in the arbitration.

The applicant applied for statutory accident benefits following a motor vehicle accident.

After failing to attend multiple pre-hearings, an arbitration hearing was scheduled.

The applicant failed to appear at the hearing.

The arbitrator dismissed the application for arbitration due to the applicant's failure to meet the burden of proving his claim and awarded $500 in expenses to the insurer.

The applicant applied for statutory accident benefits following a motor vehicle accident.

After failing to attend multiple pre-hearings, the applicant also failed to appear at the scheduled arbitration hearing.

The arbitrator dismissed the application for arbitration due to the applicant's failure to meet the burden of proving her claim.

The insurer was awarded $500 in expenses.

The applicant applied for statutory accident benefits following a motor vehicle accident.

After failing to attend two pre-hearings and losing his representative, the applicant failed to appear at the scheduled arbitration hearing.

The arbitrator dismissed the application for arbitration due to the applicant's failure to meet the burden of proving his claim and ordered the applicant to pay $700 in expenses to the insurer.

The applicant was injured in a motor vehicle accident in 2005 and applied for statutory accident benefits, including income replacement, housekeeping, and rehabilitation benefits.

The insurer denied the claims.

At arbitration, the arbitrator dismissed the claims for income replacement and housekeeping benefits, finding the applicant's evidence regarding her pre-accident employment and hiring of a housekeeper to be inconsistent and not credible.

However, the arbitrator found the treatment plan for physiotherapy to be reasonable and necessary based on the medical evidence, and awarded $3,104.89 for rehabilitation benefits plus interest.

The applicant applied for statutory accident benefits following a motor vehicle accident.

After her representative was removed from the record, the applicant failed to appear at the scheduled arbitration hearing.

The arbitrator proceeded in her absence and dismissed the application for failing to meet the burden of proof.

The insurer was awarded $700 in expenses.

The applicant applied for statutory accident benefits following a motor vehicle accident.

After her representative was removed from the record, the applicant failed to appear at the scheduled arbitration hearing.

The arbitrator dismissed the application for failing to meet the burden of proof and awarded $700 in expenses to the insurer.

The applicant applied for statutory accident benefits following a motor vehicle accident.

After her representative was removed from the record due to a loss of contact, the applicant failed to appear at the scheduled arbitration hearing.

The arbitrator dismissed the application for arbitration because the applicant failed to meet her burden of proof.

The insurer was awarded $700 in expenses.

The applicant's licensed paralegal brought a motion to remove herself and her firm as the legal representatives of record, citing a breakdown in the solicitor-client relationship due to the applicant's failure to provide necessary documents.

The insurer did not oppose the motion.

The arbitrator granted the motion, removing the paralegal and her firm as representatives of record.

The applicant sought statutory accident benefits, including income replacement benefits, following a motor vehicle accident.

The applicant and his paralegal representative failed to appear at the scheduled arbitration hearing.

The arbitrator dismissed the application for arbitration because the applicant failed to meet the burden of proving his claim.

The applicant was ordered to pay $500 in expenses to the insurer.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

At a preliminary hearing, the applicant, who was unrepresented, requested that her application be dismissed without an award of expenses as she could not afford to pursue the claim.

The arbitrator dismissed the application and the insurer subsequently sought $14,628 in expenses across four related files.

The arbitrator found the insurer's claimed amount to be excessive given the matter was dismissed at the preliminary stage.

The arbitrator awarded the insurer reasonable expenses fixed at $700 per applicant.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

At the preliminary issues hearing, the applicant, who was unrepresented, requested that his application be dismissed without an award of expenses as he could not afford to pursue the claim.

The insurer sought $14,628 in total expenses across four related dismissed claims.

The arbitrator found that the insurer was entitled to reasonable expenses because the applicant failed to pursue his claim.

However, the arbitrator deemed the requested amount excessive given the matter was dismissed at the preliminary stage.

The arbitrator fixed the insurer's expenses at $700.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

Her application for arbitration was dismissed at the preliminary hearing stage after she and her family members requested their applications be dismissed.

The insurer sought $14,628 in total expenses for the four related dismissed claims.

The arbitrator found the insurer's requested amount excessive given the claims were dismissed at the preliminary stage and the applicants were unrepresented and impecunious.

The arbitrator awarded the insurer $700 in expenses per applicant.

The applicant's claim for statutory accident benefits was previously dismissed after he abandoned the claim.

The insurer sought $14,628.00 in total expenses for this and three other related dismissed claims.

The applicant, who was unrepresented and impecunious, did not pursue the claim.

The arbitrator found the insurer's requested amount excessive given the matter was dismissed at the preliminary hearing stage.

The arbitrator ordered the applicant to pay the insurer's expenses fixed at $700.00.

The Applicant sought statutory accident benefits following a motor vehicle accident.

After her legal representative was removed from the record at an earlier appearance, the Applicant failed to appear at the rescheduled arbitration hearing.

The Arbitrator dismissed the application for benefits because the Applicant failed to meet her burden of proof.

The Applicant was ordered to pay $700 in expenses to the Insurer.

Following a successful arbitration for statutory accident benefits, the applicant sought her expenses.

The arbitrator found the applicant was entitled to expenses based on her degree of success and an unaccepted offer to settle.

The arbitrator awarded $15,360.72 in legal fees and $12,025.07 in disbursements, reducing some claimed amounts for expert fees and photocopying to align with the Schedule to the Expense Regulation, for a total award of $27,385.79.

The applicant applied for statutory accident benefits following a motor vehicle accident.

After his legal representative was removed, the applicant failed to appear at a resumption of a pre-hearing discussion and subsequently failed to appear at the scheduled arbitration hearing, despite being properly served with notice.

The arbitrator dismissed the application for arbitration as the applicant failed to meet the burden of proving his claim.

The applicant's representative brought a motion to be removed as counsel of record in a statutory accident benefits arbitration.

The representative had been unable to contact the applicant for several months despite multiple letters and telephone calls.

The arbitrator found that the applicant was properly served with the motion and that there had been a breakdown of communication.

The motion was granted and the representative was removed from the record.

The applicant sought statutory accident benefits, including income replacement and housekeeping benefits, following a motor vehicle accident.

After her representative was removed from the record, the applicant failed to appear at the scheduled arbitration hearing.

The arbitrator proceeded in her absence and dismissed the application, finding that the applicant failed to meet her burden of proof.

The insurer was awarded $500 in expenses due to the applicant's failure to advance her claim.