Dr. R. Teasell

The applicant sought ongoing weekly income benefits, rehabilitation assessments, and payment for psychological treatments following a 1993 motor vehicle accident.

The insurer had terminated weekly benefits and sought repayment of psychological treatment costs paid pending dispute resolution.

The arbitrator found that while the accident materially contributed to the applicant's psychological and physical condition, she was not continuously prevented from engaging in any occupation for which she was reasonably suited after July 1997.

The arbitrator also found that while ongoing psychological support was reasonable, the frequency of three times a week was excessive and induced iatrogenic dependency.

The applicant was ordered to repay $21,752.50 to the insurer for overpaid psychological treatments.

Claims for home assessments and a special award were dismissed.

The applicant was injured in a rear-end motor vehicle accident and subsequently developed chronic pain syndrome and reactive depression.

The insurer terminated her weekly income benefits after she failed to complete a functional restoration program, arguing she was physically capable of working and her failure to cooperate was wilful.

The arbitrator found that the applicant's failure to participate in therapy was not wilful but rather a symptom of her accident-induced depression and pain.

Consequently, the applicant was entitled to weekly income benefits under section 12(1) of the Schedule until the 156-week mark, and under section 12(5)(b) until September 30, 1995, by which time she had sufficiently recovered psychologically to participate in rehabilitation.

The claim for a special award was dismissed as the insurer's reliance on medical opinions to terminate benefits was not unreasonable.