Dr. Manfred Harth

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

The parties disputed the calculation of income replacement benefits (IRBs) and loss of earning capacity benefits (LECBs).

The arbitrator held that the employer's CPP contributions should not be included in the applicant's income for calculating IRBs.

The arbitrator also found that the insurer was entitled to assess the applicant's LECBs based on the Residual Earning Capacity Designated Assessment Centre (REC DAC) report, as it carries more weight than independent medical reports at this stage.

Finally, the arbitrator ruled that the insurer could not deduct prior disability payments made by another insurer, as the settlement agreement only permitted the deduction of the new settlement funds.

The applicant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.

The insurer terminated benefits, arguing the applicant did not meet the test for continued entitlement.

The applicant sought reinstatement, claiming inability to work due to chronic pain and fibromyalgia.

The arbitrator found that the applicant's subsequent fall and worsening condition were related to the accident.

Accepting the medical evidence of fibromyalgia, the arbitrator concluded the applicant was unable to perform any suitable job and ordered the reinstatement of weekly income benefits.

The request for a special award was denied as the insurer had not unreasonably withheld payments.