Dr. Ratka Timarac

The applicant was injured in a motor vehicle accident and sought income replacement benefits and treatment expenses from the insurer.

The insurer had terminated benefits a few months after the accident, arguing the applicant's ongoing symptoms were due to pre-existing conditions.

The arbitrator found the applicant to be an unreliable historian regarding his pre-accident health, relying instead on the clinical notes of his family physician which documented extensive pre-existing chronic pain and depression.

However, the arbitrator accepted that the accident exacerbated the applicant's neck pain and anxiety, causing a substantial inability to perform his pre-accident job as a snowplow operator for a limited period.

The applicant was awarded income replacement benefits until December 1, 1994, but his claim for ongoing benefits and treatment expenses was dismissed.

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

The insurer terminated his weekly income benefits three years post-accident.

The applicant sought further benefits under section 12(5)(b) of the Schedule, claiming he required extensive retraining due to his physical limitations.

The insurer argued the applicant was magnifying his disability and could return to his previous work as a brick mason.

The arbitrator found that the applicant's realistic work tolerances fell below the medium to heavy range required for his pre-accident job, but that his rehabilitation efforts and improved English skills opened new employment opportunities.

The arbitrator ordered the insurer to pay weekly income benefits from the date of termination until the conclusion of a pre-examination community college course the applicant had started.