Dr. Lynn MacGregor

The applicant, a child care provider, was injured in a rear-end motor vehicle accident and claimed statutory accident benefits.

The insurer terminated her weekly income replacement benefits on multiple occasions.

The arbitrator found the applicant credible and accepted medical evidence that she developed chronic pain syndrome as a result of the accident, rendering her substantially disabled from performing the essential tasks of her employment.

The arbitrator ordered the insurer to pay income replacement benefits for the disputed periods and ongoing.

Additionally, the arbitrator found the insurer acted unreasonably in prematurely terminating benefits and awarded a special award of $3,500, along with interest and arbitration expenses.

The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them at the three-year mark.

The applicant sought ongoing weekly income benefits, claiming total disability due to chronic pain and restricted neck movement.

The arbitrator found the applicant's subjective complaints of pain and limitation to be unreliable, noting significant discrepancies between her presentation to doctors and her fluid movements captured on video surveillance.

Relying on objective functional capacity evaluations, the arbitrator concluded the applicant was capable of returning to sedentary work and had unreasonably resisted rehabilitation efforts.

The claim for ongoing benefits was dismissed, save for a six-week period of benefits awarded for recovery following a related ear surgery.

The applicant was injured in a motor vehicle accident while riding his bicycle and subsequently claimed income replacement benefits.

The insurer terminated these benefits based on a Designated Assessment Centre report.

The arbitrator found that the applicant was substantially disabled from performing the essential tasks of his pre-accident employment, which included multiple labour-intensive part-time jobs.

The arbitrator preferred the evidence of the applicant's medical experts over the insurer's assessors.

Furthermore, the arbitrator awarded a $5,000 special award, finding that the insurer acted unreasonably by ignoring additional medical evidence that supported the applicant's claim.

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

The applicant applied for arbitration, claiming ongoing entitlement under section 12(5)(b) of the Statutory Accident Benefits Schedule.

The arbitrator found that the applicant suffered from chronic pain syndrome resulting from the accident, which continuously prevented him from engaging in any employment for which he was reasonably suited by education, training, or experience, including the alternative position of a service advisor.

The arbitrator ordered the insurer to pay weekly income benefits from the date of termination, along with interest and arbitration expenses.