Dr. G. M. Vincent

The applicant was injured in a motor vehicle accident and claimed ongoing weekly income replacement benefits and medical expenses.

The insurer terminated benefits, arguing the applicant could return to his pre-accident employment as a bricklayer's assistant.

The arbitrator found that the applicant suffered from chronic right shoulder tendinitis caused by the accident, which prevented him from performing his pre-accident heavy labour duties.

Furthermore, the applicant's limited English language skills and lack of transferable skills rendered him continuously prevented from engaging in any suitable employment.

The arbitrator ordered the insurer to pay ongoing weekly income benefits at $600 per week and certain medical expenses.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including medical/rehabilitation benefits and income replacement benefits.

The insurer terminated treatment payments and income replacement benefits based on medical assessments.

At arbitration, the tribunal ordered the insurer to pay for physiotherapy treatment up to the date the applicant received the Designated Assessment Centre (DAC) reports, at the rates charged by the clinic.

However, the tribunal dismissed the claim for ongoing income replacement benefits, finding that the medical evidence, including psychiatric and orthopaedic assessments, did not establish a substantial inability to perform the essential tasks of her pre-accident employment as a sewing machine operator.