Dr. Kingsley Ratnanather

The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them after 104 weeks.

The applicant sought arbitration, claiming a complete inability to engage in any employment for which she was reasonably suited.

The arbitrator reviewed the applicant's education, training, and work history, noting she primarily worked part-time.

Relying on the consensus of the applicant's own medical experts that she could return to part-time sedentary work, the arbitrator found she did not meet the test for complete inability to work.

The application for income replacement benefits and a special award was dismissed.

The applicant was injured in a motor vehicle accident and received income replacement benefits from the insurer.

The insurer terminated benefits after 104 weeks and sought repayment, alleging the applicant misrepresented his pre-accident income.

The arbitrator found the applicant was not completely disabled from working as a self-employed renovator, relying on medical evidence including the applicant's own treating surgeon.

The arbitrator also found the applicant lacked credibility and had falsified his tax returns to inflate his business expenses and hide income.

Consequently, the applicant failed to prove the quantum of his income replacement benefit.

The arbitrator ordered the applicant to repay $33,997.72 to the insurer due to wilful misrepresentation and ordered him to pay the insurer's arbitration expenses.