Darrell P. March

The Applicant was injured in a motor vehicle accident and claimed ongoing income replacement benefits.

The Insurer argued his condition was not caused by the accident and he was not motivated to return to work.

The Arbitrator found that the Applicant suffered continuous depression, reduced cognitive skills, and chronic pain as a result of the accident.

Due to these cognitive and physical disabilities, the Applicant suffered a substantial inability to perform the essential tasks of his job as a welder.

The Arbitrator ordered the Insurer to pay ongoing income replacement benefits and the expenses of the arbitration.

The applicant applied for statutory accident benefits after a motor vehicle accident in his employer's parking lot.

The insurer denied the claim, arguing the applicant was entitled to workers' compensation benefits.

At mediation, the parties reached a tentative agreement, but the insurer later refused to pay upon learning the Workers' Compensation Board had allowed the applicant's claim for health care benefits while denying lost time benefits.

The Arbitrator held that the mediation agreement was based on a misunderstanding and was not binding.

Furthermore, because the applicant was entitled to receive some workers' compensation benefits, section 20 of the Statutory Accident Benefits Schedule precluded him from receiving accident benefits.

He was also not entitled to interim benefits under section 21 because he had elected to receive workers' compensation benefits and the WCB had already determined his entitlement.