D. Robert Findlay

The Applicant sought compensation from the Criminal Injuries Compensation Board for physical and emotional injuries, expenses, and loss of income resulting from an assault.

The offender, who punched the Applicant and broke his jaw, was convicted of assault causing bodily harm.

The Board found the Applicant was a victim of a crime of violence and awarded $6,000 for pain and suffering, $1,500 for loss of income, and $400 for legal costs, while denying the claim for prescription expenses due to lack of receipts.

The applicant was injured in a motor vehicle accident and received weekly income replacement benefits until the insurer terminated them.

The applicant requested a Designated Assessment Centre (DAC) assessment, which was not performed for several years due to a dispute over whether the insurer provided the necessary Permission to Disclose forms.

The insurer argued the applicant's subsequent application for arbitration was barred by the two-year limitation period.

The Arbitrator found that the onus was on the insurer to provide the forms, which it failed to do, and therefore the limitation period did not begin to run until the DAC report was eventually released.

The application for arbitration was held to be timely.

The Applicant was injured in a motor vehicle accident while participating in a W.C.B. vocational rehabilitation program and receiving a temporary supplement to a permanent partial disability award.

He applied for statutory accident benefits, claiming entitlement to weekly income benefits under section 12(1) of the Schedule.

The Insurer paid benefits under section 13(1) (Benefit if No Income).

The Arbitrator found that the Applicant was neither employed nor self-employed while participating in the rehabilitation program, and that the W.C.B. supplement was not income from occupation or employment.

The Applicant's entitlement to weekly benefits was therefore correctly determined under section 13(1).

The applicants, parents of a 23-year-old who died in a motorcycle accident, applied for death benefits under the Statutory Accident Benefits Schedule.

The insurer denied the claim on the basis that the parents were not "dependants" of the deceased at the time of the accident.

The arbitrator found that the parents failed to establish that they were principally dependent for financial support on the deceased, as their income from social assistance and workers' compensation exceeded the financial contributions made by the deceased.

The claim for death benefits was dismissed.

The insurer's request for an award for a frivolous arbitration was denied, and the applicants were awarded their arbitration expenses.