David A. Zuber

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

The insurer terminated benefits, arguing she did not meet the post-156 week disability test under section 12(5)(b) of the Statutory Accident Benefits Schedule.

The arbitrator found that while the applicant was reasonably suited for light assembly work or her pre-accident work as a motor repair technician, she required a graduated work hardening program to build up her working tolerance before returning to full-time employment.

The arbitrator ordered the insurer to pay ongoing weekly income benefits until the completion of the recommended work hardening program.

The Applicant was injured when he rode his bicycle into a pothole after being distracted by the sound of a car engine starting.

He applied for statutory accident benefits.

The preliminary issue was whether the incident constituted an 'accident' under section 2 of the Statutory Accident Benefits Schedule.

The Arbitrator found that the starting of a car engine constitutes the 'use or operation' of an automobile, and that this use indirectly caused the Applicant's injuries by distracting him and causing him to hit the pothole.

The Arbitrator concluded the Applicant was injured as a result of an accident.