The applicant, a self-employed pedorthist, was injured in a motor vehicle accident and claimed statutory accident benefits.
The insurer disputed her entitlement to income replacement benefits, arguing she was not substantially disabled and disputing the calculation of her post-accident business expenses.
The arbitrator found the applicant suffered a mild traumatic brain injury and was substantially disabled until October 1995.
The arbitrator allowed most of the applicant's post-accident business expenses, finding they were reasonably incurred to prevent a loss of revenue in her expanded business, but denied her claim for loss of profits.
The arbitrator also awarded various medical and rehabilitation benefits, including psychological counselling and a treadmill.
A special award of 35% was imposed against the insurer for unreasonably delaying and withholding benefits, particularly psychological counselling, despite recommendations from multiple assessors.
