Dr. Leonard Goldsmith

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The insurer terminated her income replacement benefits after 16 weeks, arguing her injuries were limited to a WAD II neck injury.

The arbitrator found that the applicant suffered from a psychological impairment and chronic pain syndrome directly resulting from the accident, entitling her to ongoing income replacement benefits, housekeeping expenses, and the cost of a psychological assessment.

The arbitrator also awarded a special award against the insurer, finding it acted unreasonably by maintaining a closed mind and ignoring cogent medical evidence, including its own insurer's examination, that supported the applicant's claim.

The applicant was injured in a rear-end motor vehicle accident and sought income replacement benefits, physiotherapy expenses, and the cost of a functional assessment after the insurer terminated her benefits.

The arbitrator found that while the applicant's physical injuries were mild, she suffered from depression and anxiety significantly contributed to by the accident, which caused a substantial inability to perform the essential tasks of her pre-accident employment as a home health aide.

Income replacement benefits were awarded up to July 20, 1997, when psychological evidence indicated she was capable of resuming her pre-accident lifestyle.

The claims for physiotherapy and a functional assessment were dismissed as not reasonable or necessary.