Dr. D. Young

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

The central issue was whether the applicant suffered a substantial inability to perform the essential tasks of her pre-accident employment as an assembly line worker.

The arbitrator found the applicant credible and accepted the evidence of her treating family doctor over the insurer's medical examiners.

The arbitrator concluded that the physical demands of the applicant's job, which required continuous standing and repetitive lifting, combined with her accident-related soft tissue injuries and chronic pain, rendered her substantially unable to perform her essential duties.

The applicant was awarded IRBs for the disputed period, along with interest.

The applicant sought ongoing weekly income benefits, rehabilitation assessments, and payment for psychological treatments following a 1993 motor vehicle accident.

The insurer had terminated weekly benefits and sought repayment of psychological treatment costs paid pending dispute resolution.

The arbitrator found that while the accident materially contributed to the applicant's psychological and physical condition, she was not continuously prevented from engaging in any occupation for which she was reasonably suited after July 1997.

The arbitrator also found that while ongoing psychological support was reasonable, the frequency of three times a week was excessive and induced iatrogenic dependency.

The applicant was ordered to repay $21,752.50 to the insurer for overpaid psychological treatments.

Claims for home assessments and a special award were dismissed.