Dr. H. Scher

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

The Licence Appeal Tribunal found that the applicant did not suffer a substantial inability to perform the essential tasks of her pre-accident employment as a caregiver, nor a complete inability to engage in any employment post-104 weeks, and thus denied the IRBs.

However, the Tribunal found the claimed treatment plans for chiropractic, massage, physiotherapy, and mental health therapy to be reasonable and necessary due to objective evidence of physical and psychological impairments caused by the accident.

The medical benefits and interest on overdue payments were awarded.

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

The insurer terminated benefits based on independent medical examinations and a DAC report suggesting the applicant could work.

The arbitrator found the applicant suffered significant cognitive impairments rendering him competitively unemployable, characterizing his post-accident work at his brother's video store as a sheltered workshop.

The arbitrator ordered the reinstatement of income replacement benefits at $340.53 per week and found the insurer liable for a special award for unreasonably withholding benefits by relying on flawed reports that ignored the overwhelming evidence of the applicant's disability.

The applicant was injured in a motor vehicle accident and sought weekly caregiver benefits and housekeeping expenses after the insurer terminated them.

The arbitrator found that the applicant suffered a partial inability to carry on a normal life due to her substantial inability to engage in pre-accident household activities, including cooking, heavy laundry, and cleaning.

The arbitrator awarded the claimed caregiver benefits, housekeeping expenses, interest, and arbitration expenses, noting that the insurer's surveillance and medical evidence did not sufficiently contradict the applicant's credible testimony regarding her impairments.

The Applicant was injured in a motor vehicle accident when struck as a pedestrian.

She received weekly income benefits until July 27, 1993, and subsequently applied for arbitration claiming ongoing entitlement and payment for a medical report.

The arbitrator found that the Applicant was substantially able to perform the essential tasks of her pre-accident job as an industrial sewing machine operator, preferring the evidence of orthopaedic surgeons over her pain management physician.

The claim for the medical report was also dismissed as it was deemed a medicolegal report rather than a certificate under the Schedule.

The Applicant was awarded her arbitration expenses.

The applicant sustained severe head injuries in a motor vehicle accident and sought statutory accident benefits for university tuition and accommodation costs as rehabilitation expenses.

The insurer denied the claims, arguing the expenses would have been incurred regardless of the accident.

The arbitrator found that the applicant's part-time university attendance and initial eight-month stay in a university residence were reasonable and necessary for her cognitive and social rehabilitation, given her post-accident deficits.

However, the arbitrator denied the claim for subsequent year-round accommodation costs in Toronto, finding them to be a personal choice rather than a necessary expense resulting from the accident.