Dr. Kate J. Stolee

The insurer appealed an arbitration order requiring it to pay ongoing income replacement benefits and a special award to the respondent, a self-employed home daycare provider injured in a motor vehicle accident.

The insurer argued the arbitrator erred in assessing the physical demands of the respondent's job and in rejecting the evidence of the Designated Assessment Centre (DAC) assessors, who concluded she could return to work.

The Director's Delegate dismissed the appeal, finding no error of law in the arbitrator's preference for the respondent's medical evidence over the DAC assessment, nor in the finding that the insurer acted unreasonably in terminating benefits on multiple occasions.

The Applicant was injured in two motor vehicle accidents and claimed statutory accident benefits.

The Insurer terminated her loss of earning capacity benefits and medical benefits, alleging she failed to attend an Insurer Examination.

The Arbitrator found that the Insurer was not entitled to terminate benefits because it had improperly requested a Designated Assessment Centre evaluation without following the required procedures.

The Arbitrator assessed the Applicant's residual earning capacity based on a DAC report and surveillance evidence, finding her capable of part-time self-employment.

The Applicant was awarded ongoing loss of earning capacity benefits, outstanding medical and housekeeping expenses, and a $5,000 special award for the Insurer's unreasonable termination of benefits.