Dr. Peter E. Parker

The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement, medical, and housekeeping benefits.

The applicant failed to attend the arbitration hearing or provide any evidence to support her claims.

The arbitrator relied on the insurer's medical evidence, which concluded the applicant suffered no objective impairment leading to disability.

The application was dismissed, and the applicant was ordered to pay the insurer's arbitration expenses.

The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them after 156 weeks.

The applicant sought reinstatement of benefits, while the insurer sought repayment of benefits, arguing that Canada Pension Plan (CPP) disability payments should have been deducted from the applicant's gross weekly income.

The arbitrator found that the applicant was not continuously prevented from engaging in a suitable alternative occupation, relying on surveillance video that contradicted the applicant's reported physical limitations.

The arbitrator also held that CPP benefits are non-indemnity payments and therefore not deductible from gross weekly income under the Schedule.

Both the claim for ongoing benefits and the claim for repayment were dismissed.