Dr. I. Valentin

The applicant, an international student who was struck by a vehicle while cycling, sought income replacement benefits, medical benefits, and lost educational expenses from the respondent insurer.

The adjudicator dismissed the applicant's claims, finding that he failed to establish his pre-accident employment and income, and did not provide compelling medical evidence of disability.

The claims for medical benefits were dismissed because the applicant had exhausted the $65,000 non-catastrophic funding limit.

Furthermore, the adjudicator ordered the applicant to repay $10,513.56 in overpaid income replacement benefits, concluding that the applicant committed wilful misrepresentation by failing to disclose his return to work and post-accident earnings.

The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) after the respondent terminated them.

The Tribunal found that the applicant suffered from chronic pain and psychological impairments caused by the accident, rendering her substantially unable to perform the essential tasks of her pre-accident employment as a general labourer.

The Tribunal ordered the respondent to pay the IRBs and interest on overdue amounts.

The applicant's claim for a special award under Regulation 664 was dismissed, as the respondent's initial denial of treatment plans was not unreasonable given the medical evidence available at the time.

The applicant sought a determination that her impairments from a motor vehicle accident met the 55% whole person impairment (WPI) threshold for catastrophic impairment under the Statutory Accident Benefits Schedule.

The adjudicator evaluated conflicting medical evidence regarding the applicant's neurological and psychological impairments, including sleep disorders, mental status, and somatic disorders.

While the adjudicator preferred much of the applicant's medical evidence and found the insurer's assessors had underestimated the impairments, the final combined WPI was determined to be 51%.

As this fell short of the 55% threshold, the application was dismissed.

The applicant, a 14-year-old high school student, sustained a mild traumatic brain injury when she was struck by a car as a pedestrian.

She applied for non-earner benefits, which the insurer terminated after 104 weeks.

The arbitrator found that the applicant's post-accident life was significantly altered by cognitive fatigue, reduced processing speed, and anxiety, requiring extensive accommodations and therapy to complete high school.

Rejecting the insurer's medical assessments, the arbitrator concluded the applicant suffered a complete inability to carry on a normal life and awarded ongoing non-earner benefits and interest.