Dr. A.N. Hanick

The applicant was injured in a rear-end motor vehicle accident and claimed income replacement benefits (IRBs).

The insurer terminated IRBs, arguing the applicant could return to her pre-accident jobs as a bus driver and special needs rehabilitation specialist.

The arbitrator found that while the applicant had pre-existing psychological issues, the accident materially contributed to a substantial psychological inability that prevented her from performing the physically demanding tasks of her pre-accident jobs.

The applicant was awarded IRBs for the disputed period.

However, the arbitrator rejected the applicant's claim to include income from a photography business in the IRB calculation, finding insufficient evidence that she performed the essential tasks of that business or that she was disabled from doing so.

The applicant was injured in a motor vehicle accident and received weekly income benefits for five years before the insurer terminated them.

The applicant sought ongoing benefits under subsection 12(5) of the Statutory Accident Benefits Schedule, claiming she was continuously prevented from engaging in any suitable employment due to a psychological disability.

The arbitrator found the applicant credible and rejected the insurer's argument, based on video surveillance and one psychiatric opinion, that she was feigning her disability.

The arbitrator concluded the accident significantly contributed to her post-traumatic stress disorder and major depression, rendering her totally disabled.

The arbitrator also fixed the weekly benefit amount at $311.66 based on the insurer's own accountant's report, and dismissed the insurer's claims for repayment and post-accident income deductions.

The Applicant sought ongoing weekly income benefits following a minor motor vehicle accident.

The Insurer terminated benefits after 10 months.

The Arbitrator found the Applicant's claims of disabling physical and psychological pain to be unsupported by objective medical evidence and contradicted by surveillance footage showing him engaging in normal activities without restriction.

The claim for ongoing benefits was dismissed.

The Applicant was awarded half of his arbitration expenses and the return of a $2,000 assessment fee, as the claim was not found to be frivolous or vexatious.