Dr. Ali T. Ghouse

The applicant sought statutory accident benefits for injuries sustained in a motor vehicle accident, arguing that a pre-existing low back condition exempted him from the Minor Injury Guideline.

The Tribunal found insufficient medical evidence to establish a pre-existing condition that would prevent maximal recovery within the Guideline, noting that most of the applicant's medical evidence post-dated a second motor vehicle accident.

Consequently, the Tribunal held that the applicant's injuries were predominantly minor, and his claims for prescription medications were denied as he had exhausted the Guideline's monetary limits.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, specifically non-earner benefits, from the insurer.

The parties proceeded to arbitration at the Financial Services Commission of Ontario.

The arbitrator applied the principles from Heath v. Economical Mutual Insurance Co. to determine whether the applicant suffered a complete inability to carry on a normal life.

The arbitrator found that the applicant failed to prove that the accident continuously prevented her from engaging in substantially all of her pre-accident activities, as she continued to perform most of her usual activities despite increased pain.

The application for non-earner benefits and interest was dismissed, and the issue of expenses was deferred.

The applicant was injured in a rear-end motor vehicle accident and received weekly income benefits for 156 weeks.

The insurer terminated benefits, arguing the applicant's ongoing severe anxiety disorder was not caused by the accident and that he was not continuously prevented from working.

The arbitrator found that the applicant's psychological disability was materially caused by the accident and rendered him unable to maintain employment.

The arbitrator ordered the insurer to pay ongoing weekly income benefits and awarded a $5,000 special award under section 282(10) of the Insurance Act, finding the insurer had unreasonably withheld payments without a reasonable basis.

The applicant was injured in a motor vehicle accident and received weekly income benefits until they were terminated by the insurer.

The applicant sought reinstatement of benefits under section 12(1) of the Schedule for the period up to 156 weeks post-accident, and under section 12(5)(b) thereafter.

The arbitrator found that the applicant was substantially unable to perform the essential tasks of her pre-accident employment as a sewing machine operator due to the demanding nature of the job and uncertainty about her capacity, granting benefits up to the 156-week mark.

However, the arbitrator dismissed the claim for ongoing benefits after 156 weeks, finding that the applicant was not continuously prevented from engaging in any occupation or employment for which she was reasonably suited, as she was capable of other light industrial work.