Dr. P. Parker

The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them at the 104-week mark, asserting she could return to work in alternative occupations.

The applicant brought a motion for interim benefits pending the full arbitration hearing.

The arbitrator reviewed the standard for interim benefits, noting it requires establishing a prima facie case and urgency.

The arbitrator found that the applicant's entitlement raised difficult questions of law regarding the "complete inability" test that should be determined at a full hearing.

Furthermore, the applicant failed to establish sufficient urgency, as the hearing was scheduled to begin in three months.

The motion for interim benefits was dismissed.

The appellant appealed an arbitrator's decision upholding the termination of his weekly income benefits at the 156-week mark by the respondent insurer.

The central issue was whether the appellant met the disability test under section 12(5)(b) of the Statutory Accident Benefits Schedule, which requires that the injury continuously prevents the insured from engaging in any suitable occupation.

The appellant argued that the arbitrator erred in relying on the evidence of his treating physiatrist, who testified for the insurer, and in finding that suitable work was available.

The Director's Delegate dismissed the appeal, finding no error in the arbitrator's reliance on the physiatrist's evidence or the conclusion that the appellant was capable of light or sedentary work.

The appellant was awarded his reasonable appeal expenses.