Dr. Michael Brennagh

The appellant was injured while travelling as a passenger on a bus and received statutory accident benefits until they were terminated by the insurer.

At arbitration, it was determined that the appellant did not suffer a substantial inability to perform his essential tasks after the termination date.

The appellant appealed, arguing the arbitrator failed to accord appropriate weight to medical reports and misapplied the law.

The Director of Arbitrations dismissed the appeal, finding that the arbitrator's factual conclusions were supported by the evidence and that she correctly applied the provisions of the Statutory Accident Benefits Schedule to those findings.

The applicant was injured when the public transit bus he was riding braked suddenly.

He received weekly income benefits until the insurer terminated them, alleging he was not substantially unable to perform his essential tasks and had defrauded the insurer.

The arbitrator found that an accident had occurred and caused injury, but that the applicant failed to prove a substantial inability to perform his essential tasks after June 1991, as his inability to pursue his ambitions was due to a pre-existing depressive illness rather than the accident.

The insurer's claim of fraud was dismissed, and the applicant was awarded the expenses of the arbitration.