Dr. J. Rajendra

The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated her income replacement benefits.

The applicant claimed ongoing entitlement due to physical pain and severe psychological impairments, including panic disorder and claustrophobia, which prevented her from using elevators, public transit, or driving.

The arbitrator found the applicant to be a credible witness and accepted the evidence of her treating psychiatrist, family doctor, and a vocational assessor over the insurer's DAC assessors.

The arbitrator concluded that the applicant suffered a substantial inability to perform the essential tasks of her pre-accident employment for the first 104 weeks, and a complete inability to engage in any suitable employment thereafter.

The insurer was ordered to pay ongoing income replacement benefits.

The applicant was injured in a motor vehicle accident and sought ongoing income replacement benefits and supplementary medical benefits for prescriptions after the insurer terminated them.

The arbitrator found that the applicant was not physically disabled from returning to her pre-accident employment as a hairstyling instructor.

However, the arbitrator concluded that the applicant suffered from accident-related panic attacks that substantially disabled her from working during an acute phase between December 1996 and August 1997.

Income replacement benefits were awarded for this limited period.

The arbitrator also awarded the cost of most claimed prescriptions, finding them reasonable and necessary for treating her accident-related psychological condition.