Dr. Bereznick

The applicant was injured in a motor vehicle accident and applied for weekly caregiver benefits, claiming he was the primary caregiver for his two young children.

The insurer denied the claim.

At arbitration, the evidence showed that while the applicant was an involved father, he worked full-time in a limousine business, whereas his wife was a full-time homemaker who handled the majority of day-to-day childcare tasks.

The arbitrator concluded that the applicant's wife, not the applicant, was the primary caregiver at the time of the accident.

As caregiver benefits are only available to the primary caregiver, the application was dismissed.

The applicant was struck by a motor vehicle and subsequently underwent arthroscopic knee surgery.

She sought payment for $2,261.56 in physiotherapy treatment under the Statutory Accident Benefits Schedule.

The insurer denied the claim, relying on an insurer's examination which concluded the knee surgery was unrelated to the accident and the therapy was unnecessary.

While the arbitrator found the knee injury was caused by the accident, the application was dismissed because the treating chiropractor's records did not demonstrate an understanding of the applicant's knee condition, rendering the treatment neither reasonable nor necessary.