Dr. M.J. Gawel

The applicant, a visiting homemaker, was struck by a motor vehicle and received income replacement benefits until the insurer terminated them, claiming she could return to work.

The applicant sought reinstatement of benefits, arguing she suffered from benign paroxysmal positional vertigo and soft tissue injuries preventing her from working.

The arbitrator found that while the soft tissue injuries did not prevent her from working, the vertigo caused a substantial inability to perform the essential tasks of her pre-accident employment.

The applicant was awarded ongoing income replacement benefits but denied the cost of a multidisciplinary assessment.

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

The insurer terminated his income replacement benefits, arguing he was not substantially disabled from his employment as a wallpaper hanger.

The arbitrator found that the applicant suffered a substantial inability to perform the essential tasks of his employment due to chronic pain, severe headaches, and psychological difficulties resulting from the accident.

The arbitrator ordered the insurer to pay ongoing income replacement benefits, certain supplementary medical expenses, and a special award of $2,500 for unreasonably terminating benefits without a proper assessment.