Dr. James Alcock

The applicant sought statutory accident benefits following two motor vehicle accidents in 2007.

The arbitrator found the applicant's evidence to be unreliable due to poor recall and contradictions with documentary evidence, including Ontario Works records showing he had returned to work.

Relying on the medical evidence, particularly the applicant's orthopaedic surgeon, the arbitrator concluded the applicant suffered a complete inability to engage in suitable employment for a limited period.

The applicant was awarded income replacement benefits from July 7, 2009, to August 1, 2010, but his claims for various assessment costs and a special award were dismissed.

The applicant was injured in a motor vehicle accident and claimed income replacement benefits (IRBs) and rehabilitation expenses for university studies.

The arbitrator found that the applicant suffered psychological impairments, including post-traumatic stress disorder and depression, that rendered her substantially unable to perform her pre-accident clerical duties for the first 104 weeks post-accident.

However, she failed to prove a complete inability to engage in any suitable employment after the 104-week mark.

The claim for university tuition as a rehabilitation expense was denied because it was not demonstrated to be a reasonable and necessary measure to reintegrate her into the labour market.

Finally, the arbitrator ruled that the 4 percent vacation pay the applicant received on each paycheque must be included in her income from employment for the purpose of calculating her IRB quantum.