Dr. G. Gale

The applicant, a tow truck driver, was injured in a rear-end motor vehicle accident and sought income replacement benefits (IRBs).

The insurer terminated the IRBs after eight months, arguing that the applicant's ongoing pain was due to pre-existing degenerative disc disease rather than the accident.

The Tribunal found the applicant credible and preferred the evidence of his treating specialists over the insurer's expert, concluding that the accident aggravated his underlying condition and caused chronic pain and radiculopathy.

The Tribunal held that the applicant was substantially unable to perform the heavy physical duties of his pre-accident employment and was therefore entitled to ongoing IRBs.

The insurer brought a motion to stay the arbitration pending the insured's attendance at a proposed medical examination by a physiatrist.

The insured had previously been assessed by the same physiatrist, but subsequently submitted new medical reports from specialists diagnosing chronic pain syndrome and a complete inability to work.

The arbitrator found that the proposed examination was reasonably necessary to assist the insurer in determining the insured's entitlement to ongoing income replacement benefits in light of the significant new medical information.

However, the arbitrator declined to stay the arbitration, finding it premature to address the consequences of a potential failure to attend.