Dr. H. Jacobs

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

The respondent denied further income replacement benefits, medical benefits, and cost of examinations, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant's injuries, including chronic pain and a sacroiliac joint sprain, were predominantly minor and subject to the MIG funding limit, which had been exhausted.

The Tribunal also dismissed the claim for income replacement benefits, preferring the respondent's expert evidence that the applicant was not substantially impaired from performing the essential tasks of employment.

The applicant was injured in two motor vehicle accidents and claimed various statutory accident benefits from her insurer.

The insurer argued she had signed a full and final release for her income replacement benefits, which also barred her claim for loss of earning capacity benefits (LECBs).

The arbitrator found the release only applied to income replacement benefits and that the applicant was entitled to an offer for LECBs because she was substantially unable to perform the essential tasks of her pre-accident employment at the 104-week mark.

The arbitrator also awarded supplementary medical expenses, housekeeping and attendant care benefits, and a special award against the insurer for unreasonably withholding certain benefits.