Dr. A. Kertesz

The appellant insurer appealed an arbitration decision awarding the respondent insured various statutory accident benefits, including attendant care, a hot tub, massage therapy, psychological counseling, and ergonomic equipment, as well as a special award and legal expenses.

The Director's Delegate dismissed most of the appeal, finding no errors of law in the Arbitrator's awards for the benefits, interest, and the special award, noting the insurer unreasonably withheld payments by relying on flawed medical assessments that applied incorrect legal tests.

The Delegate found the Arbitrator erred by failing to provide reasons for allowing an increased claim for ergonomic equipment and for awarding legal expenses.

With the parties' consent, the Delegate redetermined these issues, denying the increased equipment costs but awarding the original amount plus HST, and fixing the respondent's arbitration legal expenses at $95,633.79 and appeal legal expenses at $24,179.67.

The insurer appealed an arbitration decision awarding the insured various statutory accident benefits, including attendant care, a hot tub, massage therapy, psychological counselling, occupational therapy, and a special award.

The insurer brought a preliminary motion to stay the Arbitrator's orders pending the appeal.

Applying the three-part test for a stay, the Director's Delegate granted a stay regarding the hot tub expense, the increased cost portion of the occupational therapy equipment, and the special award, finding substantive grounds for appeal on those issues.

The request to stay the remaining benefit awards and the accrual of interest was dismissed, as the insurer failed to demonstrate that the hardship of payment outweighed the hardship of non-payment to the insured.