Dr. George Koppert

The applicant was injured in a minor rear-end motor vehicle accident and subsequently developed chronic pain and fibromyalgia.

The insurer terminated his weekly income replacement benefits after a DAC assessment concluded he could return to work.

The arbitrator found that the applicant sustained an impairment in his lower back arising from the accident, which caused a substantial inability to perform the essential tasks of his employment as an assembly line worker.

The arbitrator also found that the applicant suffered from post-traumatic fibromyalgia.

The applicant was awarded ongoing income replacement benefits, costs for a physical fitness programme, expenses for attending a Fibromyalgia Outpatient Programme, partial housekeeping expenses, interest, and arbitration expenses.

The applicant sought 'other disability benefits' following a motor vehicle accident, claiming a complete or partial inability to carry on a normal life due to soft tissue injuries and severe heart and lung problems.

The insurer argued the applicant's disability resulted from pre-existing medical conditions.

The arbitrator found that the applicant's atrial fibrillation and respiratory issues were a natural progression of his pre-existing conditions and not caused by the accident.

However, the arbitrator concluded that the applicant did suffer soft tissue injuries in the accident that caused a partial inability to carry on a normal life for a limited period.

The applicant was awarded other disability benefits from March 22, 1994, to December 15, 1994.

The applicant was injured in a rear-end motor vehicle accident and received weekly income benefits until the insurer terminated them.

The applicant sought arbitration to reinstate the benefits, claiming a substantial inability to perform his pre-accident job as a machinist due to soft tissue injuries.

The arbitrator found that the applicant had successfully worked full-time at another manufacturing job post-accident without seeking medical attention.

Relying on this work history and the opinion of the insurer's orthopaedic examiner, the arbitrator concluded the applicant failed to prove a substantial inability to perform the essential tasks of his employment and dismissed the claim for further benefits.

The applicant was injured in a motor vehicle accident and claimed 'other disability benefits' under section 19 of the Statutory Accident Benefits Schedule, alleging a partial or complete inability to carry on a normal life due to knee injuries.

The insurer denied the claim on the basis that her medical problems pre-dated the accident.

The arbitrator found that the applicant had significant pre-existing knee and shoulder problems and a sedentary lifestyle prior to the accident.

Relying on the insurer's orthopaedic expert and the family doctor's records, the arbitrator concluded the accident only minimally aggravated her knee condition, disabling her for a brief period.

The applicant was awarded benefits for a closed period from March 22, 1994, to April 16, 1994, along with interest and arbitration expenses.