Dr. E. Urovitz

The applicant sought statutory accident benefits following an accident involving an all-terrain vehicle.

The insurer denied benefits, including income replacement benefits, attendant care benefits, and a determination of catastrophic impairment.

The Tribunal found the applicant was excluded from receiving income replacement benefits because he was operating an uninsured vehicle without a valid license.

The Tribunal also dismissed the claims for catastrophic impairment and other benefits, finding the applicant's self-reporting to medical assessors was unreliable and contradicted by video surveillance showing a higher level of functioning than reported.

The applicant sought medical benefits for chiropractic treatment following a motor vehicle accident.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant sustained predominantly minor injuries, as there was insufficient evidence to prove that her chronic pain was not merely a sequelae of soft tissue injuries or that a pre-existing condition prevented her recovery.

The Tribunal also found the requested medical benefits were not reasonable and necessary, noting the applicant had returned to work and an independent medical examination concluded she had achieved maximum medical recovery.

The application was dismissed.

The applicant was injured when she fell inside a public transit bus due to sudden acceleration.

She applied for statutory accident benefits, claiming housekeeping and home maintenance benefits as well as the cost of custom orthotics, which the insurer denied.

The arbitrator found the applicant's testimony regarding her symptoms credible and supported by objective medical evidence, including an MRI showing a tear in her right wrist and an ankle effusion.

The arbitrator rejected the insurer's medical assessments, noting they failed to consider the MRI results.

The applicant was awarded housekeeping benefits at $100 per week for the initial period and $50 per week thereafter, along with the cost of the custom orthotics and interest on overdue payments.

The applicant, a self-employed stone mason, was injured in a motor vehicle accident and sought statutory accident benefits, including a Loss of Earning Capacity Benefit (LECB) and expenses for home completion and maintenance.

The arbitrator determined the applicant's pre-accident earning capacity based on what he could reasonably have earned, discounting for seasonal and economic factors, and found his residual earning capacity to be zero due to chronic pain and vocational barriers.

The arbitrator awarded a weekly LECB of $488.87.

The claim for $106,013 to hire labour to complete the applicant's custom home was dismissed as it lacked a rehabilitative purpose under section 40 of the Schedule.

However, the arbitrator allowed claims for specific home maintenance tasks that would significantly aggravate the applicant's pain.