Dr. Ricardo J. Harris

The applicant, who was 14 years old at the time of the motor vehicle accident, sought statutory accident benefits including non-earner benefits (NEBs) and various treatment plans.

The adjudicator found that the applicant demonstrated a complete inability to carry on a normal life due to chronic pain and psychological impairments, entitling her to NEBs of $185 per week for the disputed period.

A treatment plan for psychological services was also approved as reasonable and necessary.

However, the adjudicator denied plans for an attendant care assessment and driving reintegration services, finding insufficient evidence to support them.

The claim for an award for unreasonable delay was dismissed, but interest was awarded on the payable benefits.

The applicant sought statutory accident benefits following a motor vehicle accident.

The insurer had paid weekly benefits and physiotherapy expenses but terminated them, arguing the applicant no longer suffered a substantial inability to perform essential tasks, and sought repayment of benefits paid after March 1992.

The arbitrator found the applicant and her family physician lacked credibility, noting they had deliberately withheld information about significant pre-existing conditions and a prior work-related accident.

Concluding that the motor vehicle accident did not materially aggravate her pre-existing conditions, the arbitrator dismissed the claims for ongoing benefits and ordered the applicant to repay the weekly benefits and physiotherapy expenses received after March 16, 1992.

The applicant's claim for arbitration expenses was also denied.