Dr. A. Ameis

The applicant was injured in a motor vehicle accident and applied for enhanced statutory accident benefits, claiming she sustained a catastrophic impairment.

The insurer denied the claim based on a Designated Assessment Centre (DAC) report that concluded her whole person impairment (WPI) was 21%.

The arbitrator found the DAC assessment lacked thoroughness and failed to assess all of the applicant's impairments, including psychological, dental, and scarring injuries.

Applying the AMA Guides, the arbitrator conducted a holistic assessment and determined the applicant's combined impairments resulted in a 55% WPI.

The arbitrator concluded the applicant sustained a catastrophic impairment under paragraph 2(1)(f) of the Schedule.

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

The applicant applied for arbitration but failed to attend the hearing or maintain contact with her legal representatives, who were permitted to withdraw.

Proceeding in her absence, the arbitrator accepted the insurer's uncontested medical evidence that the applicant did not suffer from a physical or psychological impairment preventing her from working.

The claim for benefits was dismissed, and the applicant was ordered to pay the insurer's legal expenses of $1,636.95, though the arbitrator declined to order the applicant to pay the insurer's filing fee as the initial claim was not frivolous or vexatious.

The applicant was injured in a motor vehicle accident in January 1991 and received weekly income benefits until January 1994.

She applied for arbitration to reinstate her benefits, claiming ongoing disability from headaches, neck pain, and psychological issues.

The arbitrator found that while the applicant had ongoing symptoms, surveillance video and an independent medical examination demonstrated she had a significantly higher level of function than claimed.

The arbitrator concluded that unrelated stressors, rather than the minor accident, were the significant contributing factors to any ongoing disability after August 1994.

The applicant was awarded weekly income benefits from January 16, 1994, to August 19, 1994.

The arbitrator declined to rule on the insurer's request to deduct Canada Pension Plan disability benefits, finding the issue of the benefit rate was not properly before the tribunal.

The applicant sought ongoing statutory accident benefits following a motor vehicle accident where he struck a van while riding his bicycle.

The insurer terminated weekly income benefits after 156 weeks and sought repayment for overpaid taxi expenses.

The applicant failed to appear at the arbitration hearing.

The arbitrator found that the applicant suffered only minor soft tissue injuries that had resolved, and that his ongoing low back complaints were not accident-related.

The arbitrator dismissed the claims for ongoing weekly income and medical benefits, ordered the applicant to repay $4,726 for fraudulent taxi receipts, and ordered the applicant to reimburse the insurer's $1,000 filing fee due to the frivolous nature of the proceeding and his failure to appear.

The applicant was injured in a minor motor vehicle accident and received statutory accident benefits until December 1993.

She sought ongoing weekly income benefits, claiming she was substantially unable to perform her pre-accident job as a Client Service Officer due to fibromyalgia and depression.

The arbitrator dismissed the claim for ongoing benefits, finding no objective signs of disability, noting the minor nature of the accident, and relying on surveillance evidence and the applicant's undisputed ability to work part-time.

The arbitrator awarded the applicant her arbitration expenses, finding the claim was not frivolous or vexatious.