David Murray Williams Young

The appellant appealed an arbitration order terminating his weekly income benefits after 156 weeks.

The arbitrator found that the appellant, who suffered a hip fracture requiring a replacement, was capable of engaging in suitable alternative light work despite his previous experience in physically demanding construction jobs.

On appeal, the Director's Delegate held that the appeal was not restricted to questions of law because the arbitration commenced before the statutory amendment limiting appeals.

However, the Delegate upheld the arbitrator's findings that the burden of proof did not shift to the insurer merely because it paid benefits beyond the 156-week mark, and that the appellant was reasonably suited for alternative employment.

The appeal was dismissed.

The applicant was injured in a motor vehicle accident and received weekly income benefits from Royal Insurance until they were terminated based on an exclusion provision.

The applicant commenced a court action against Royal for statutory accident benefits and subsequently applied for arbitration against both Royal and the Motor Vehicle Accident Claims Fund.

The arbitrator dismissed the arbitration proceeding against Royal to avoid a multiplicity of proceedings, as the court action was more comprehensive and commenced first.

The arbitration against the Fund was adjourned until the court determines the validity of Royal's exclusion defence, as the claim against the Fund would only crystallize if the exclusion defence is upheld.