Dr. David Shulman

The applicant was injured in a motor vehicle accident and subsequently developed a severe psychiatric disorder, regressing to a child-like state.

She applied for catastrophic impairment designation and various statutory accident benefits, which the insurer denied, arguing her condition was pre-existing and unrelated to the accident.

The arbitrator preferred the evidence of the applicant's treating physicians and experts, finding that the accident materially contributed to her regressed state and that she suffered a catastrophic impairment.

The applicant was awarded post-104 week attendant care, housekeeping, and income replacement benefits, along with interest and arbitration expenses.

The insurer's claim for repayment of a without prejudice advance was dismissed.

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

The arbitrator found that the applicant was entitled to income replacement benefits for a limited period from July 22, 2000, to October 4, 2000, based on his family doctor's evidence of ongoing improvement.

However, relying on surveillance evidence and a Med Rehab DAC assessment, the arbitrator concluded the applicant was substantially able to perform his pre-accident employment as a welder after October 4, 2000.

The arbitrator also awarded $1,522 for chiropractic treatments but denied the claim for physiotherapy and massage treatments, finding them not reasonable and necessary.