Dr. Brian McGoey

The appellant, a self-employed house painter, appealed an arbitration decision terminating his weekly income benefits and ordering repayment of interim benefits.

He sought to introduce a new medical report on appeal to address the arbitrator's concerns about his chronic pain syndrome diagnosis.

The Director's Delegate refused to admit the new evidence, finding it would not have affected the result.

The Delegate upheld the arbitrator's conclusion that the appellant was substantially able to perform the essential tasks of his occupation, noting that job flexibility is an appropriate consideration for self-employed individuals.

The Delegate also affirmed the arbitrator's reliance on the mediator's report over the appellant's testimony regarding an alleged agreement to pay benefits during rehabilitation.

The appeal was dismissed, but the appellant was awarded his reasonable appeal expenses due to the merit of the issues raised.

The applicant, a self-employed house painter, was injured in a motor vehicle accident and received statutory accident benefits until July 1993.

He sought ongoing weekly income benefits, claiming he was unable to work due to headaches, dizziness, and musculoskeletal pain.

The arbitrator reviewed extensive medical and functional capacity evidence, concluding that the applicant suffered from soft tissue injuries and physical deconditioning, but was not substantially unable to perform the essential tasks of his employment.

The arbitrator rejected the applicant's claim of chronic pain syndrome, finding it unsupported by the weight of the medical evidence.

Furthermore, the arbitrator held that the insurer was not obligated under section 281(3) of the Insurance Act to pay benefits during a work-hardening program, as the mediator's report did not record a final offer to that effect.

The application for ongoing benefits was dismissed, and the applicant was ordered to repay interim benefits, though he was awarded his reasonable arbitration expenses.