Dr. P. Tran

The appellant appealed an arbitrator's decision denying her claims for caregiver and non-earner benefits following a motor vehicle accident.

The Director's Delegate found no error of law in the arbitrator's weighing of the medical evidence, which preferred the insurer's assessments over the appellant's experts.

The Director's Delegate also rejected the argument that the arbitrator erred by allowing the appellant to proceed unrepresented, noting there was a presumption of capacity and no signs of mental difficulty that would require an inquiry under the Substitute Decisions Act.

The appeal was dismissed.

The applicant was injured in a motor vehicle accident and received caregiver benefits for over five years before the insurer terminated them.

She sought a continuation of the caregiver benefit and a non-earner benefit, claiming physical and psychological impairments prevented her from caring for her children and engaging in pre-accident activities.

The Arbitrator found that while the accident materially contributed to her psychological impairments, she exaggerated her physical complaints.

The Arbitrator concluded the applicant did not suffer a complete inability to carry on a normal life, as she was capable of engaging in activities with her children and her condition had improved enough for her supportive counseling file to be closed.

The claims for caregiver benefits, non-earner benefits, and interest were dismissed.