Dr. C.G. Pecora

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

The arbitrator found that the applicant, a coffee truck operator who suffered a severe shoulder injury requiring multiple surgeries, remained substantially unable to perform the essential tasks of his employment.

The arbitrator rejected the insurer's surveillance evidence and the report of its medical examiner, finding them unpersuasive.

The applicant was awarded ongoing income replacement benefits at $214.19 per week plus interest, but his claim for a special award was denied.

The applicant was injured in a motor vehicle accident just before starting a new job as a general labourer for a demolition company.

The insurer terminated his weekly income replacement benefits based on a Designated Assessment Centre report concluding he could return to work.

At arbitration, the arbitrator found that the DAC assessor failed to properly consider the specific, heavy physical demands of the applicant's prospective job, which included repeatedly swinging a sledgehammer and lifting up to 50 pounds.

The arbitrator concluded the applicant continued to suffer a substantial inability to perform the essential tasks of his employment and ordered the insurer to pay income replacement benefits for the disputed period, along with interest and expenses.