Brian Michael Bangay

The appellant appealed an arbitration decision that denied him additional weekly income benefits following multiple motor vehicle accidents.

The appellant, representing himself on appeal, argued that the arbitration hearing should not have taken place because the issues were decided in a previous arbitration and he did not receive proper notice or full disclosure.

The Director's Delegate found no error in the arbitration process, noting that the previous arbitration only determined which issues could proceed and that the appellant's counsel at the hearing did not object to the proceedings or the admission of expert evidence.

The appeal was dismissed and the arbitration order was confirmed.

The applicant, a tailor, was involved in multiple motor vehicle accidents and sought statutory accident benefits from two insurers.

The insurers terminated or refused weekly income benefits, arguing the applicant was not substantially unable to perform the essential tasks of his employment.

The arbitrator found that the applicant exaggerated his symptoms and that surveillance evidence contradicted his claims of severe disability.

The arbitrator concluded the applicant failed to prove a substantial inability to perform his essential tasks and dismissed the claims for weekly income benefits, though expenses were awarded to the applicant.