Dr. Massiah

The applicant sought income replacement benefits, a special award, and interest following a motor vehicle accident.

She claimed to be completely disabled by chronic pain and psychological distress.

The insurer denied the claims, arguing the applicant was not credible and was malingering.

The arbitrator dismissed the applicant's claims, finding her evidence riddled with inconsistencies, including a failure to report pre-existing medical conditions and psychometric test results indicating a lack of effort or intentional poor performance.

The arbitrator preferred the evidence of the insurer's experts and concluded the applicant failed to prove she suffered a complete inability to engage in employment as a result of the accident.

The applicant sought judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal denying her request to reconsider a previous decision that denied her benefits for carpal tunnel syndrome.

The Tribunal had found a lack of temporal connection between her condition and her work.

The Divisional Court held that the standard of review was patent unreasonability and found that the Tribunal's findings of fact and refusal to reconsider were supported by medical evidence.

The application for judicial review was dismissed.

The insurer appealed an arbitrator's decision ordering it to pay a $10,000 special award for unreasonably withholding statutory accident benefits.

The insured had suffered a back injury in a motor vehicle accident, and the insurer denied benefits based on a pre-existing condition.

The Director's Delegate dismissed the appeal, finding that the arbitrator's conclusion was supported by the evidence.

The insurer had maintained a stubborn and inflexible position, failing to re-evaluate the claim even after receiving MRI results and medical reports confirming an organic basis for the insured's ongoing symptoms.