2 total
Application for income replacement benefits and assessment costs dismissed as applicant failed to meet disability tests.
The Applicant sought Income Replacement Benefits (IRBs) and medical/rehabilitation expenses following a 2012 motor vehicle accident.
The Arbitrator found that the Applicant did not meet the test for pre-104 week IRBs (substantial inability to perform essential tasks of employment) or post-104 week IRBs (complete inability to engage in suitable employment), noting she had returned to work for a period, completed nursing programs, and cared for four children.
Claims for the cost of a Disability Certificate and a Psycho-Vocational Assessment were also dismissed for failing to meet the statutory requirements for reasonableness and necessity.
The application was dismissed in its entirety.
Application for arbitration dismissed after applicant failed to attend two scheduled pre-hearings.
The applicant applied for statutory accident benefits following a motor vehicle accident.
After failing to attend two scheduled pre-hearings without explanation, the insurer sought to dismiss the proceeding.
The arbitrator found that the applicant and her representative were given proper notice of all proceedings as required by the Dispute Resolution Practice Code.
As the applicant bore the burden of proving entitlement to benefits and provided no evidence, the application for arbitration was dismissed.
