Dr. M.C. Hall

The applicant sought statutory accident benefits following an alleged incident where a taxi she was riding in mounted a curb, causing her pain.

The insurer denied the claim, arguing the incident did not constitute an accident under the Schedule.

The arbitrator found that the applicant's ongoing pain complaints were related to a pre-existing somatoform disorder and a prior bus accident, rather than any physical injury sustained in the taxi.

The arbitrator concluded that no accident occurred within the meaning of the Schedule and dismissed the claim for weekly and caregiver benefits.

The applicant was injured on a transit bus and received weekly income benefits until they were terminated.

She applied for arbitration to reinstate the benefits, claiming a substantial inability to perform the essential tasks of her employment as a ceramic factory worker.

The arbitrator found the applicant's testimony regarding her pain and inability to work lacked credibility, preferring the objective medical evidence of orthopaedic specialists and surveillance footage showing her performing physical tasks without apparent difficulty.

The application for further weekly income benefits was dismissed, though the applicant was awarded her arbitration expenses.