Dr. Jim Haight

The applicant, a visiting homemaker, was struck by a motor vehicle and received income replacement benefits until the insurer terminated them, claiming she could return to work.

The applicant sought reinstatement of benefits, arguing she suffered from benign paroxysmal positional vertigo and soft tissue injuries preventing her from working.

The arbitrator found that while the soft tissue injuries did not prevent her from working, the vertigo caused a substantial inability to perform the essential tasks of her pre-accident employment.

The applicant was awarded ongoing income replacement benefits but denied the cost of a multidisciplinary assessment.

The Applicant was struck by a car and claimed statutory accident benefits, including weekly income benefits and supplementary medical and rehabilitation benefits.

The Insurer terminated weekly income benefits, arguing the Applicant could return to work as a car salesman.

The Applicant claimed ongoing disability due to a head injury causing cognitive and psychological impairments.

The Arbitrator found that the Applicant's ongoing impairments were rooted in a severe pre-existing personality disorder and not the accident.

Claims for weekly income benefits and case management services were dismissed.

However, the Arbitrator awarded certain transportation expenses and a special award of $100 because the Insurer unreasonably withheld payment of transportation expenses pending the dispute.