Dr. Eldon Tunks

The applicant, who was involved in multiple motor vehicle accidents, brought a cross-application for an interim order compelling the insurer to pay past medical and rehabilitation expenses and ongoing treatment and medication costs pending a final arbitration hearing.

The arbitrator dismissed the request for past expenses, finding no urgency and deferring the complex claims to the imminent full hearing.

Regarding ongoing treatment, the arbitrator held that the proposed treatments had not been mediated as required by section 281(2) of the Insurance Act and directed the parties to mediation.

However, the arbitrator ordered the insurer to pay for the applicant's psychiatric and pain management medications pending the final order, as medication had been included in a prior mediation.

The applicant was injured in a rear-end motor vehicle accident and received weekly income benefits for three years.

He applied for ongoing benefits, claiming physical and psychological disability prevented him from working.

The arbitrator found that while the applicant suffered a herniated disc from the accident, he exaggerated his symptoms and his psychological condition was caused by pre-existing and psycho-social factors unrelated to the accident.

The arbitrator concluded the applicant retained the capacity and skills for suitable employment, such as a retail clerk or in construction trades, and dismissed the claim for ongoing benefits.

The Applicant was injured in a motor vehicle accident and received statutory accident benefits for 156 weeks.

The Insurer terminated benefits, arguing her focal dystonia (writer's cramp) was not caused by the accident and did not prevent her from working.

The Arbitrator found on a balance of probabilities that the accident caused the focal dystonia.

The Arbitrator also found that the Applicant was continuously prevented from engaging in any occupation for which she was reasonably suited by education, training or experience, as she required computer retraining to accommodate her inability to write.

The Applicant was awarded ongoing weekly income benefits and interest.