Dr. J. Mah

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits and supplementary medical expenses.

The insurer terminated her income replacement benefits, arguing she had recovered and could return to her pre-accident employment as a meat packer.

The arbitrator found that the applicant suffered from chronic pain syndrome and a major depressive disorder caused by the accident, rendering her substantially unable to perform the essential tasks of her employment.

The arbitrator preferred the evidence of the applicant's treating practitioners and experts over the insurer's assessors.

The applicant was awarded ongoing income replacement benefits, supplementary medical expenses, and interest on overdue benefits.

Both parties appealed an arbitration decision regarding the insured's entitlement to weekly income benefits beyond 156 weeks following a motor vehicle accident.

The insurer appealed the finding that the insured met the post-156 week test and the order to pay a $5,000 special award for unreasonably terminating benefits.

The insured appealed the amount of the special award and the deduction of 100 per cent of her collateral disability benefits.

The Director's Delegate dismissed both appeals, finding that the arbitrator's conclusions on entitlement and the special award were supported by the evidence, and that the plain meaning of the Schedule supported the 100 per cent deduction of collateral benefits.