Bhawani Gupta

The applicant was injured in a motor vehicle accident while riding his bicycle and claimed statutory accident benefits, including a non-earner benefit, medical benefits, and housekeeping benefits.

The arbitrator found that the applicant did not meet the test for a non-earner benefit, as there was insufficient evidence that the accident materially contributed to his complete inability to carry on a normal life, given his pre-existing chronic pain and opiate addiction.

The claim for medical benefits was also dismissed for lack of evidence linking the expenses to the accident.

However, the arbitrator granted the claim for housekeeping benefits, finding that the accident aggravated the applicant's pre-existing pain, resulting in a substantial inability to perform heavy housekeeping tasks.