Daniel Martin Edwards

The applicant, a pedestrian struck by a motor vehicle, applied for statutory accident benefits, claiming ongoing substantial inability to perform his pre-accident work as a heavy manual labourer.

The insurer terminated weekly income benefits and disputed the quantum of the applicant's pre-accident income.

The arbitrator found that the applicant's financial records were fabricated after the accident and relied on forensic accounting evidence to limit his weekly income benefits to the statutory minimum.

The arbitrator also accepted medical evidence that the applicant's ongoing back issues were due to pre-existing degenerative disc disease, concluding he was no longer substantially disabled.

The applicant was ordered to repay an overpayment of benefits to the insurer, though the insurer was ordered to fund a four-week rehabilitation program.

The self-employed applicant was injured in a motor vehicle accident and claimed maximum weekly income benefits of $1050 under the No-Fault Benefits Schedule.

The insurer paid $755.23 based on incomplete financial records and later sought to reduce the amount to $523 based on a forensic accounting report.

The arbitrator accepted the insurer's accounting evidence, finding the applicant failed to produce adequate records and deliberately delayed the hearing.

The arbitrator set the weekly benefit at $523, ordered the applicant to repay the overpayment, and denied the applicant's claims for interest, a special award, and costs.