Dr. Koonar

The applicant sought statutory accident benefits after allegedly being struck by a school bus door.

The insurer denied she was involved in an accident and terminated benefits.

The arbitrator found that the applicant was indeed struck a glancing blow by the bus door, constituting an accident.

While the physical injuries were minor, the psychological response and exacerbation of pre-existing migraines resulted in a partial inability to carry on a normal life.

The arbitrator awarded caregiver benefits for a limited period, ongoing housekeeping expenses, physiotherapy, psychological counselling, and related travel expenses, but denied a special award and the cost of sunglasses.

The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer until they were terminated.

The applicant sought ongoing benefits, claiming physical and psychological disability.

The arbitrator found that the applicant's physical injuries had resolved and that there was no organic basis for his ongoing complaints.

Medical and vocational assessments indicated symptom magnification, malingering, and an unreasonable refusal to attempt a return to work.

The arbitrator concluded the applicant was not disabled beyond the termination date.

However, the arbitrator found the insurer had miscalculated the benefit amount prior to termination by improperly deducting ceasing business expenses, resulting in an underpayment.

The insurer was ordered to pay the arrears with interest, and the applicant was awarded one third of his hearing expenses.