Dr. George Semerdjian

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied income replacement benefits (IRBs), alleging the applicant wilfully misrepresented his pre-accident employment and income.

The Tribunal found no wilful misrepresentation, noting the applicant's language difficulties and reliance on his employer's cash payment and tax remittance practices.

The Tribunal awarded IRBs based on the applicant's CRA Notice of Assessment and medical evidence showing a substantial inability to perform his pre-accident heavy labour tasks.

Claims for a vision assessment and a recliner chair were dismissed for lack of contemporaneous medical evidence.

A claim for a special award was also dismissed.

The applicant, a pedestrian injured in a motor vehicle accident, applied for non-earner benefits after the respondent insurer terminated them.

The adjudicator applied the Heath test to determine whether the applicant suffered a complete inability to carry on a normal life.

Finding that the applicant's pain and physical limitations practically prevented her from engaging in substantially all of her pre-accident activities, including walking, housekeeping, and caring for her grandchildren, the adjudicator concluded she met the test.

The applicant was awarded ongoing non-earner benefits and interest on overdue payments.