Dr. Barry Little

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

The applicant sought reinstatement of the benefits, claiming he was substantially unable to perform the essential tasks of his employment as a real estate agent.

The arbitrator found that the applicant failed to meet his burden of proof, relying on independent medical assessments and surveillance evidence showing he had returned to work.

The application for further income replacement benefits was dismissed.

The applicant sought assessment of his expenses following a successful arbitration for ongoing income replacement benefits arising from a motor vehicle accident.

The arbitrator reviewed the claimed legal fees, law clerk time, expert witness fees, and various disbursements.

After adjusting the hourly rates and disallowing certain unsubstantiated disbursements, the arbitrator ordered the insurer to pay the applicant $15,427.42 for his expenses of the arbitration process.

The applicant was injured in a motor vehicle accident and sought ongoing statutory accident benefits, including weekly income benefits, home renovations, care benefits, housekeeping, medical devices, and transportation expenses.

The insurer terminated benefits, arguing her ongoing issues were due to age and pre-existing conditions.

The arbitrator dismissed almost all claims, finding that the applicant's dizziness and vertigo pre-dated the accident and were not materially exacerbated by it.

Surveillance evidence contradicted her claims of severe impairment.

While she sustained a permanent shoulder injury, it did not necessitate the claimed home renovations or care services.

The arbitrator awarded only $17 for transportation to a chiropractor.

The applicant, a heavy equipment mechanic, was injured in a 1993 motor vehicle accident and received statutory accident benefits until the insurer terminated them in June 1996.

The applicant sought ongoing weekly income benefits and medical/rehabilitation benefits, claiming disability due to a tremor, chronic pain, dizziness, and psychological issues.

The arbitrator found that while the applicant was disabled from his pre-accident employment, his ongoing disability was caused by significant pre-existing degenerative conditions and an essential tremor unrelated to the accident.

The claim for ongoing weekly income benefits was dismissed.

The arbitrator awarded $1,129.75 for medical and rehabilitation expenses incurred prior to the termination date, plus a $100 special award for the insurer's unreasonable withholding of pay-pending-dispute benefits.

The Applicant was injured in a motor vehicle accident and claimed ongoing income replacement benefits.

The Insurer argued his condition was not caused by the accident and he was not motivated to return to work.

The Arbitrator found that the Applicant suffered continuous depression, reduced cognitive skills, and chronic pain as a result of the accident.

Due to these cognitive and physical disabilities, the Applicant suffered a substantial inability to perform the essential tasks of his job as a welder.

The Arbitrator ordered the Insurer to pay ongoing income replacement benefits and the expenses of the arbitration.