Dr. Brent Souter

The applicant was injured in a motor vehicle accident and sought a determination of catastrophic impairment based on mental or behavioural impairments, as well as ongoing income replacement benefits and medical/rehabilitation benefits.

The Tribunal found that the applicant sustained a catastrophic impairment under Criterion 8, as the accident exacerbated her pre-existing mental health issues, resulting in marked impairments in activities of daily living, concentration, persistence and pace, and adaptation.

The Tribunal also found the applicant entitled to a post-104-week income replacement benefit, concluding she suffered a complete inability to engage in suitable employment due to her psychological impairments.

Claims for social rehabilitation counselling and a separate file review fee for a catastrophic assessment were dismissed as not reasonable and necessary.

The applicant sought statutory accident benefits following a minor motor vehicle accident, including income replacement benefits (IRBs) and various medical benefits for physiotherapy, psychological, and chronic pain assessments.

The adjudicator dismissed the application in its entirety.

The adjudicator found that the applicant did not suffer a substantial inability to perform the essential tasks of her pre-accident employment, preferring the respondent's insurer's examination reports over the applicant's expert, who relied heavily on self-reporting and failed to review prior assessments.

The requested medical benefits were deemed not reasonable and necessary, as the evidence indicated the applicant's injuries fell within the Minor Injury Guidelines and she demonstrated the ability to perform her pre-accident duties and activities of daily living.

The applicant was injured in a motor vehicle accident and sought various statutory accident benefits, including non-earner, medical, attendant care, and housekeeping benefits.

The insurer suspended benefits after the applicant failed to attend an examination under oath, though a previous arbitrator found the notices defective.

The arbitrator found the applicant entitled to the disputed medical treatment plans, as well as attendant care and housekeeping benefits for a limited period due to the insurer's procedural breach in failing to provide assessment reports in a timely manner.

However, the claim for non-earner benefits was dismissed as the applicant did not meet the test of a complete inability to lead a normal life.

The request for a special award was also denied.

The applicant was injured in a motor vehicle accident and sought ongoing income replacement benefits (IRBs) after the insurer terminated them.

The insurer argued the applicant was unemployed at the time of the accident and exaggerated his symptoms.

The arbitrator found the applicant was employed through a temporary placement agency at the time of the accident and that his pre-accident health issues did not prevent him from working.

Relying on objective medical evidence of a torn shoulder tendon, the arbitrator rejected the insurer's expert opinions that the applicant was magnifying his symptoms.

The arbitrator concluded the applicant was substantially unable to perform the essential tasks of his employment and awarded IRBs up to the date he reported limitations from unrelated health conditions.