Dr. Judith Schachter

The appellant was injured in a 1993 motor vehicle accident and claimed ongoing weekly income benefits and psychological treatment expenses.

The insurer terminated benefits in 1997.

The arbitrator found the appellant was not entitled to weekly benefits beyond July 1997 and ordered her to repay a portion of the psychological treatment fees, finding the frequency of sessions unreasonable.

On appeal, the Director's Delegate upheld the arbitrator's findings, noting the appellant's significant pre-existing psychological issues and lack of objective evidence of ongoing disability.

The insurer's cross-appeal was allowed, and the appellant was ordered to repay $17,371.20 in interim benefits previously awarded.

The applicant sought ongoing weekly income benefits, rehabilitation assessments, and payment for psychological treatments following a 1993 motor vehicle accident.

The insurer had terminated weekly benefits and sought repayment of psychological treatment costs paid pending dispute resolution.

The arbitrator found that while the accident materially contributed to the applicant's psychological and physical condition, she was not continuously prevented from engaging in any occupation for which she was reasonably suited after July 1997.

The arbitrator also found that while ongoing psychological support was reasonable, the frequency of three times a week was excessive and induced iatrogenic dependency.

The applicant was ordered to repay $21,752.50 to the insurer for overpaid psychological treatments.

Claims for home assessments and a special award were dismissed.