Dr. James Sweeney

The applicant was injured in a motorcycle accident, suffering severe fractures to his left thumb.

The insurer terminated his weekly income benefits after two years, relying on an independent medical examination that concluded he could return to work.

The arbitrator found that the applicant, a welder who performed heavy manual labour, suffered a substantial inability to perform the essential tasks of his employment due to pain, weakness, and lack of sleep.

The arbitrator also found that the applicant was continuously prevented from engaging in any suitable occupation given his limited education, learning difficulties, and inability to cope with change.

The applicant was awarded ongoing weekly income benefits and interest, but his claim for a special award was dismissed as the insurer's decision to terminate benefits was based on conflicting medical reports and was not unreasonable.

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

The insurer terminated benefits on the basis that the applicant did not meet the stricter test of being continuously prevented from engaging in any suitable occupation after 156 weeks.

The arbitrator found the applicant lacked credibility, as extensive video surveillance contradicted his claims of severe physical and cognitive disability, showing him engaging in vigorous activities and working as a waiter.

The arbitrator dismissed the claim for ongoing benefits, ordered repayment of an overpayment due to CPP benefits, and awarded the applicant only 50% of his arbitration expenses.