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Applicant awarded limited income replacement benefits after arbitrator found pre-existing conditions caused ongoing disability.
The applicant was injured in a motor vehicle accident and sought income replacement benefits and treatment expenses from the insurer.
The insurer had terminated benefits a few months after the accident, arguing the applicant's ongoing symptoms were due to pre-existing conditions.
The arbitrator found the applicant to be an unreliable historian regarding his pre-accident health, relying instead on the clinical notes of his family physician which documented extensive pre-existing chronic pain and depression.
However, the arbitrator accepted that the accident exacerbated the applicant's neck pain and anxiety, causing a substantial inability to perform his pre-accident job as a snowplow operator for a limited period.
The applicant was awarded income replacement benefits until December 1, 1994, but his claim for ongoing benefits and treatment expenses was dismissed.
Insured awarded ongoing caregiver benefits and medical expenses due to accident-related psychological impairment.
The applicant was injured in a motor vehicle accident and sought ongoing weekly caregiver benefits, as well as costs for medical devices, housekeeping services, and a case manager.
The insurer had terminated caregiver benefits.
The arbitrator found that the applicant suffered a psychological impairment resulting from the accident, including depression and a driving phobia, which caused a partial inability to carry on a normal life.
The arbitrator awarded ongoing caregiver benefits, the costs of a massager and an orthopaedic mattress, and partial housekeeping expenses, but denied the claim for a case manager.
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