Dr. N. H. Lithwick

The applicant sought interim payment of dental and chiropractic accounts under the 'pay pending dispute' provisions of the Statutory Accident Benefits Schedule following a 1993 motor vehicle accident.

The insurer moved to dismiss the arbitration as duplicitous with the applicant's civil action and sought to introduce defence medical reports obtained in that action.

The arbitrator admitted the medical reports, finding the interests of justice outweighed the deemed undertaking rule, but refused to dismiss the arbitration, holding the claims were distinct.

The arbitrator ordered the insurer to pay the medical accounts on an interim basis, finding the applicant had established the requisite de minimis connection between the accident and the treatment.

The applicant was struck by a motor vehicle as a pedestrian and claimed statutory accident benefits for an orthopaedic mattress, motorized wheelchair, attendant care, and housekeeping expenses.

The insurer terminated benefits, arguing the applicant's ongoing symptoms were due to a pre-existing dependent personality and inactivity rather than the accident.

The arbitrator found the applicant suffered from reflex sympathetic dystrophy (RSD) triggered by the accident.

The arbitrator awarded the wheelchair rental cost and ongoing attendant care and housekeeping benefits at a reduced rate (50%), reflecting the applicant's pre-existing reliance on his family, but denied the claim for an orthopaedic mattress.