Dr. A. Kaminska

The minor applicant was involved in a motor vehicle accident and sought statutory accident benefits.

The respondent insurer denied benefits, arguing the injuries fell within the Minor Injury Guideline (MIG) and its $3,500 funding limit.

The applicant argued he suffered from chronic pain and psychological impairments that removed him from the MIG.

The Tribunal found insufficient medical evidence to support a diagnosis of chronic pain syndrome or a psychological impairment caused by the accident.

The Tribunal concluded the applicant sustained a minor injury, dismissed the claim for a psychological assessment outside the MIG limit, and denied interest.

The applicant's counsel brought a motion under Rule 10.3 of the Dispute Resolution Practice Code, asserting that the applicant lacked the capacity to instruct him and seeking the appointment of the Public Guardian and Trustee.

Counsel sought to exclude the insurer from the hearing to protect solicitor-client privilege and requested leave to appear on his own affidavit.

The arbitrator dismissed both requests, finding that the insurer had a direct interest in the capacity issue due to its limitation defence, and that the presence of medical evidence distinguished the case from precedents allowing counsel to rely on their own affidavit.

The arbitrator granted the insurer's request for an adjournment to obtain its own capacity assessment.

The applicant was injured in two motor vehicle accidents and claimed various statutory accident benefits from her insurer.

The insurer argued she had signed a full and final release for her income replacement benefits, which also barred her claim for loss of earning capacity benefits (LECBs).

The arbitrator found the release only applied to income replacement benefits and that the applicant was entitled to an offer for LECBs because she was substantially unable to perform the essential tasks of her pre-accident employment at the 104-week mark.

The arbitrator also awarded supplementary medical expenses, housekeeping and attendant care benefits, and a special award against the insurer for unreasonably withholding certain benefits.