Deborah Westbrook

The applicant sought income replacement benefits (IRBs) for a one-month period during which she returned to work on modified hours following a motor vehicle accident.

The insurer had terminated IRBs based on insurer examinations concluding the applicant did not suffer a substantial inability to perform her pre-accident employment.

The Tribunal found the insurer's medical evidence more persuasive than the applicant's family doctor's records, noting the applicant had successfully returned to full-time work.

The Tribunal dismissed the claim for IRBs and interest, and denied the insurer's request for costs.

The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement benefits, attendant care benefits, and various medical benefits.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant failed to establish entitlement to income replacement benefits, as he returned to work full-time and his business suffered no economic loss.

Furthermore, the Tribunal concluded that the applicant's physical injuries were predominantly minor and that he failed to prove on a balance of probabilities that he suffered from psychological impairments, chronic pain syndrome, or post-concussion syndrome that would remove him from the MIG.

Consequently, the application for benefits was denied.

The applicant was injured in a motor vehicle accident and received care-giver benefits until the insurer terminated them at the 104-week mark.

The applicant applied for arbitration, arguing she suffered a complete inability to carry on a normal life.

The arbitrator found that the applicant's physical injuries, chronic pain, and severe depression continuously prevented her from engaging in substantially all of her pre-accident activities.

The arbitrator ordered the insurer to pay ongoing care-giver benefits and interest, but denied the applicant's request for a special award, finding no evidence that the insurer unreasonably withheld payments.