Daniel M. Edwards

The applicant was injured in a motor vehicle accident and received weekly income benefits.

He subsequently returned to work intermittently, earning substantial post-accident income.

The insurer argued that 80% of all post-accident income should be deducted from benefits on a 'carry forward' basis, applying excess earnings against future benefits.

The arbitrator rejected this approach, finding it would act as a disincentive to rehabilitation and returning to work.

Instead, the arbitrator held that post-accident income must be matched directly to the specific weekly income benefit payable in the week it was earned, with no carry forward of any excess.

The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer.

A dispute arose regarding the correct calculation of his pre-accident income from self-employment.

The arbitrator found that the applicant failed to provide sufficient documentation to prove his net income exceeded the minimum threshold, entitling him only to the minimum benefit of $185.60 per week.

Consequently, the insurer was entitled to repayment of $15,951.51 in overpaid benefits, while the applicant was awarded his arbitration expenses.

The applicant, a taxi driver, was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them, alleging overpayment based on fraudulent income records.

The arbitrator found that the applicant remained substantially unable to perform the essential tasks of her employment and was therefore entitled to ongoing weekly income benefits.

However, the arbitrator accepted the insurer's accounting evidence that the applicant's pre-accident financial records were not genuine.

Consequently, her benefits were reduced to the statutory minimum of $185.60 per week, and she was ordered to repay the overpayment to the insurer pursuant to section 27 of the Schedule.

The applicant, a taxicab driver, was injured in a motor vehicle accident and subsequently developed post-traumatic stress disorder and a driving phobia.

The insurer terminated her weekly income benefits, arguing she had returned to her pre-accident condition.

The arbitrator found that the applicant suffered a substantial inability to perform the essential tasks of her occupation due to the psychological injuries caused by the accident.

However, because the applicant fabricated trip sheets to inflate her pre-accident income, the arbitrator awarded the minimum weekly benefit of $185.60 and reduced her expense award to two-thirds.