Dr. Alex Donskoy

The applicant, a 69-year-old man, was struck by a streetcar while riding his bicycle.

He applied for statutory accident benefits, which the insurer denied on the basis that his impairments were caused by the natural progression of his pre-existing polyneuropathy rather than the accident.

The arbitrator found that the accident materially contributed to the applicant's physical and psychological impairments, including chronic pain, which rendered him completely unable to carry on a normal life.

The applicant was awarded non-earner benefits, medical benefits, attendant care, housekeeping, and the costs of various assessments.

Furthermore, the arbitrator ordered the insurer to pay a $10,000 special award under s. 282(10) of the Insurance Act for unreasonably withholding benefits in the face of overwhelming medical evidence supporting the applicant's claim.

The parties cross-appealed an arbitration decision regarding weekly income benefits and arbitration expenses following a motor vehicle accident.

The insured appealed the denial of weekly income benefits after September 5, 1994, and the refusal to adjourn the hearing to cross-examine the insurer's medical expert.

The insurer appealed the order requiring it to pay the insured's arbitration expenses, arguing that November 1996 amendments to the Insurance Act should have been applied.

The Director's Delegate dismissed both appeals, finding that the arbitrator's conclusions on benefits were supported by the evidence, the refusal to adjourn was a reasonable exercise of authority, and the new expense provisions did not apply retroactively to proceedings commenced before the amendments.

The insured was awarded $250 in appeal expenses for responding to the insurer's appeal.

The applicant sought reimbursement for arbitration expenses totaling $20,971.11 following a settlement with the insurer regarding accident benefits.

The arbitrator reviewed the claimed expenses, which included agent's fees, expert witness fees, medical reports, and miscellaneous disbursements.

The arbitrator reduced the agent's fees, noting that preparation time prior to the hearing was excessive and not fully compensable under the schedule.

Claims for transcripts, transportation, laser printer rental, and an accountant's report were denied or reduced for lack of connection to the arbitration or insufficient proof.

The insurer was ordered to pay $3,948.20 in outstanding expenses.