Dr. Robert Grossman

The applicant sought interim income replacement and medical-rehabilitation benefits following a motor vehicle accident.

The insurer had terminated benefits, and the parties were unable to resolve their disputes through mediation.

The arbitrator found that the applicant established a probable case for entitlement to income replacement benefits and demonstrated financial urgency, awarding partial interim income replacement benefits at $235.74 per week.

The arbitrator also awarded interim benefits for housekeeping and transportation to medical appointments, but denied other requested medical and rehabilitation expenses, finding they were either past expenses or not urgently required.

The issue of a special award was reserved for the main arbitration hearing.

The appellant was injured in a motor vehicle accident and claimed caregiver benefits under the Statutory Accident Benefits Schedule.

The insurer paid a lower rate of disability benefits and later terminated them after an independent medical examination.

The appellant requested a Designated Assessment Centre (DAC) evaluation, which also concluded she was not disabled.

At arbitration, the arbitrator found the appellant was entitled to the higher caregiver benefit rate but only until the date of the first medical examination.

On appeal, the appellant argued that section 64 of the SABS required the insurer to pay benefits until the DAC report was issued.

The Director's Delegate dismissed the appeal, holding that section 64 governs the process for stopping benefits but does not create an absolute entitlement immune from a later finding that disability ended earlier.