Dr. Abraham Cohen

The applicant was involved in three separate accidents while travelling on a Toronto Transit Commission bus.

She sought statutory accident benefits for ongoing disability and medical expenses following the third accident in June 1991.

The arbitrator found that the applicant suffered from severe pre-existing chronic pain and depression resulting from the first two accidents.

The arbitrator concluded that the third accident was minor and did not materially contribute to or aggravate her pre-existing physical or psychological condition.

The claims for ongoing weekly benefits and medical expenses were dismissed, though the applicant was awarded her reasonable arbitration expenses.

The applicant was injured in a motor vehicle accident and received no-fault benefits.

The insurer subsequently required her to attend independent orthopaedic and psychiatric examinations to verify her medical condition, as her family doctor's report was ambiguous regarding the cause of her chronic pain and depression.

The applicant failed to attend both examinations, arguing through counsel that the insurer was not entitled to two examinations and expressing concern over the potential use of the medical reports in other tort actions.

The arbitrator held that the insurer reasonably required both examinations under s. 23(2) of the No-Fault Benefits Schedule, and that the applicant failed to attend without reasonable justification.

The arbitrator found that the insurer was not made aware of any medical reasons preventing the applicant's attendance at the time the examinations were scheduled.