Dr. F. W. Furlong

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

The insurer terminated benefits on the basis that the applicant no longer suffered from a disability.

The applicant applied for arbitration, seeking ongoing weekly income benefits and a special award.

The arbitrator found that the applicant suffered from chronic pain in her neck and shoulders that prevented her from returning to her pre-accident employment as a stamp examiner or any other suitable factory work.

The arbitrator ordered the insurer to pay ongoing weekly income benefits and interest, but declined to order a special award, finding that the insurer's decision to terminate benefits to test the applicant's subjective complaints of pain was not unreasonable.

The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them.

The applicant brought a motion for interim benefits, arguing the insurer failed to comply with the benefit stoppage provisions under section 64 of the Statutory Accident Benefits Schedule.

The arbitrator held that to obtain interim benefits, an applicant must establish a prima facie case for entitlement and a sense of urgency.

The arbitrator found that the medical evidence raised the possibility that the applicant's cognitive problems resulted from non-accident related causes, such as age-related dementia.

As the applicant failed to present sufficient evidence or legal arguments to establish a prima facie case for entitlement, the motion for interim benefits was dismissed.

The applicant was involved in three separate accidents while travelling on a Toronto Transit Commission bus.

She sought statutory accident benefits for ongoing disability and medical expenses following the third accident in June 1991.

The arbitrator found that the applicant suffered from severe pre-existing chronic pain and depression resulting from the first two accidents.

The arbitrator concluded that the third accident was minor and did not materially contribute to or aggravate her pre-existing physical or psychological condition.

The claims for ongoing weekly benefits and medical expenses were dismissed, though the applicant was awarded her reasonable arbitration expenses.