Dr. Barry Malcolm

The applicant was injured in a rear-end motor vehicle accident and sought reimbursement for acupuncture treatments, treatment plans, reports, and transportation expenses under the Statutory Accident Benefits Schedule.

The insurer denied the claims, arguing the symptoms were pre-existing.

The arbitrator found that the accident significantly contributed to the applicant's neck and shoulder pain, but not her knee, left arm, or low back complaints.

The applicant was awarded partial reimbursement for the acupuncture treatments and reports related to the accident injuries.

Claims for treatment plans were denied because the acupuncturist was not a member of a regulated health profession.

Transportation expenses were denied as the applicant failed to prove she could not walk or use a family vehicle.

Neither party was awarded arbitration expenses due to the inefficient conduct of the hearing.

The Applicant was injured in a motor vehicle accident and claimed statutory accident benefits, including income replacement benefits (IRBs) and housekeeping expenses.

The Arbitrator found that the Applicant suffered impairments preventing him from performing pre-accident housekeeping tasks and awarded $4,451 for housekeeping and home maintenance, subject to the $100 weekly maximum.

However, the claim for IRBs was dismissed because the Applicant, who was developing a country property for potential capital gain and rental income, was not considered employed or self-employed within the meaning of the Schedule.

The Arbitrator also awarded interest on a late-paid medical assessment account.