Dr. Gavin L. Shanks

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

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

The Licence Appeal Tribunal found that the applicant suffered from chronic pain that caused significant functional impairment, thereby removing her from the MIG.

The Tribunal ordered the insurer to pay for disputed occupational therapy and chiropractic treatment plans, finding them reasonable and necessary.

However, the Tribunal dismissed the applicant's claim for ongoing income replacement benefits, concluding she failed to prove a substantial inability to perform the essential tasks of her pre-accident employment.

The insurer appealed an arbitration order requiring it to pay ongoing income replacement benefits and a special award to the respondent, a self-employed home daycare provider injured in a motor vehicle accident.

The insurer argued the arbitrator erred in assessing the physical demands of the respondent's job and in rejecting the evidence of the Designated Assessment Centre (DAC) assessors, who concluded she could return to work.

The Director's Delegate dismissed the appeal, finding no error of law in the arbitrator's preference for the respondent's medical evidence over the DAC assessment, nor in the finding that the insurer acted unreasonably in terminating benefits on multiple occasions.