Dr. James Houston

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits, physiotherapy expenses, and the cost of a psychological assessment.

The insurer terminated benefits, arguing the applicant could return to his work as a piece-work upholsterer.

The arbitrator found that the applicant suffered from post-traumatic stress disorder and residual physical problems that substantially disabled him from performing the high-speed, repetitive tasks of his employment.

The arbitrator ordered the insurer to pay the claimed benefits, along with a special award under section 282(10) of the Insurance Act for unreasonably withholding payments.

The applicant was injured in a motor vehicle accident and received weekly income benefits until they were terminated by the insurer.

The applicant sought arbitration, claiming ongoing physical and psychological disability preventing him from working as a taxi driver.

The arbitrator found the applicant lacked credibility due to inconsistencies in his testimony and reliable medical records indicating pre-existing conditions.

The medical evidence did not establish an objective physical basis for his ongoing pain complaints, nor did it prove his psychological issues were caused by the accident.

The claim for ongoing weekly income benefits was dismissed, though the arbitrator confirmed the correct quantum of benefits was $540.00 per week and awarded the applicant his arbitration expenses.

The applicant was injured in a rear-end motor vehicle accident and received weekly income benefits for three years.

He applied for ongoing benefits, claiming physical and psychological disability prevented him from working.

The arbitrator found that while the applicant suffered a herniated disc from the accident, he exaggerated his symptoms and his psychological condition was caused by pre-existing and psycho-social factors unrelated to the accident.

The arbitrator concluded the applicant retained the capacity and skills for suitable employment, such as a retail clerk or in construction trades, and dismissed the claim for ongoing benefits.

The applicant was injured in a rear-end motor vehicle accident and received weekly income benefits until the insurer terminated them, arguing she was capable of returning to work.

The applicant claimed ongoing entitlement, asserting she suffered from chronic pain syndrome.

The arbitrator found the applicant's family physician to be highly persuasive and accepted that the motor vehicle accident significantly contributed to the development of her chronic pain syndrome, rendering her substantially disabled.

The arbitrator ordered the insurer to pay weekly income benefits to the date of the hearing, along with interest and expenses.