Dr. Marvin Weber

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

The parties agreed on the quantum of his employment income but disputed the amount of his self-employment income from home renovations.

The applicant claimed his memory of the self-employment work was affected by a head injury sustained in the accident.

The arbitrator found that the applicant failed to provide reliable evidence or documentation to prove the amount of self-employment income he earned in the 52 weeks before the accident.

The arbitrator concluded that the applicant's Income Replacement Benefit should be calculated based solely on his employment income at the agreed rate of $81.30 per week.

The applicant was struck by a bus while walking to work and sustained a head injury resulting in chronic headaches, depression, anxiety, and cognitive difficulties.

The insurer terminated her weekly income benefits after 104 weeks, arguing she was not disabled from returning to reasonably suitable employment or that her disability was due to pre-existing conditions.

The arbitrator found the applicant credible and preferred the evidence of her treating medical practitioners over the insurer's assessors who only saw her once or twice.

The arbitrator concluded that the applicant's complex of psychological, emotional, and cognitive symptoms substantially disabled her from engaging in any employment for which she was reasonably suited.

The insurer was ordered to reinstate weekly income benefits with interest and pay the applicant's arbitration expenses.