Dr. D.A. Fleming

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

The insurer terminated benefits, arguing the applicant no longer met the stricter disability test under section 12(5)(b) of the Statutory Accident Benefits Schedule.

The arbitrator found that while the applicant suffered from chronic back pain and might be disabled from his pre-accident heavy manual job, he failed to prove that his injuries continuously prevented him from engaging in any occupation or employment for which he was reasonably suited by education, training, or experience.

The application for further weekly income benefits was dismissed, but the insurer was ordered to pay the applicant's arbitration expenses.

The applicant was injured in a motor vehicle accident when she was struck by a car as a pedestrian, sustaining knee injuries.

The insurer terminated her weekly income benefits after approximately 20 months.

The applicant sought ongoing benefits, arguing she was substantially unable to perform the essential tasks of her pre-accident employment as a fast-food restaurant assistant manager.

The arbitrator found that while the applicant had some limitations with heavy lifting and repetitive crouching, she could perform the great majority of her essential tasks without difficulty.

The application for ongoing weekly income benefits and a special award was dismissed, though the applicant was awarded her arbitration expenses.

The applicant was injured in a rear-end motor vehicle accident and received statutory accident benefits until they were terminated by the insurer.

More than a year after the accident, she was diagnosed with left shoulder rotator cuff tendonitis, which required surgery.

The insurer disputed that the shoulder condition was caused by the accident and argued the applicant was not disabled from her job as a cashier.

The arbitrator found that the shoulder condition was caused by the accident, likely due to the shoulder belt or traction effect, and that it rendered her substantially unable to perform the essential tasks of her employment.

The arbitrator awarded ongoing weekly income benefits, supplementary medical and rehabilitation expenses, and a special award for the insurer's unreasonable withholding of chiropractic expenses.