2 total
Claim for post-156 week income benefits largely dismissed as applicant failed to prove continuous disability.
The applicant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.
The insurer terminated benefits at the 156-week mark, asserting the applicant no longer met the more onerous disability test of being continuously prevented from engaging in any reasonably suitable employment.
The applicant sought ongoing benefits and a special award.
The arbitrator found that while the applicant required a brief adjustment period to return to work, she did not suffer a continuous disability preventing her from engaging in suitable employment beyond June 1, 1994.
The arbitrator preferred the insurer's medical evidence, noting inconsistencies in the applicant's presentation and surveillance footage showing her performing physical tasks without apparent difficulty.
The claim for ongoing benefits after June 1, 1994, and the request for a special award were dismissed.
Claim for ongoing weekly benefits dismissed; severe psychiatric problems found not significantly caused by motor vehicle accident.
The applicant, a 15-year-old high school student, was seriously injured in a motor vehicle accident.
She received weekly income benefits until January 1993.
The applicant claimed she suffered a brain injury in the accident that caused severe psychiatric and behavioural problems, entitling her to further benefits.
The insurer argued her psychiatric difficulties were not caused by the accident but were the result of a pre-existing condition, likely bipolar disorder.
The arbitrator found that the applicant sustained at most a mild head injury and that the accident was not a significant contributing factor to her subsequent severe mental illness.
The claim for ongoing weekly benefits and a special award was dismissed, though the applicant was awarded her arbitration expenses.
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