Dr. Michael A. Boucher

The applicant sought income replacement benefits (IRBs) following a motor vehicle accident, claiming she was unable to return to her pre-accident employment as a retail customer service representative.

The insurer denied the claim, citing surveillance evidence, failure to disclose a prior workplace injury, and failure to disclose an offer of modified work from her employer.

The Tribunal dismissed the application, finding the applicant's evidence unpersuasive due to these omissions and preferring the insurer's medical assessments, which included validity testing and found no objective physical impairment.

The applicant was injured in a motor vehicle accident and sought income replacement benefits from her insurer.

The insurer denied the benefits, arguing her injuries fell within the Minor Injury Guideline.

The arbitrator found the applicant credible and accepted medical evidence that she suffered from Chronic Pain Syndrome as a result of the accident.

The arbitrator concluded the applicant suffered a substantial inability to perform the essential tasks of her employment for the first 104 weeks, and a complete inability to engage in any suitable employment thereafter.

The applicant was awarded ongoing income replacement benefits and interest on overdue payments.