Dr. Susan Finch

The appellant was injured in a motor vehicle accident and received income replacement benefits.

The insurer terminated benefits, arguing the appellant's ongoing disability was due to a pre-existing schizoaffective disorder rather than the accident.

The arbitrator agreed, finding the accident's material contribution to the disability ended by August 2001, and dismissed claims for various assessment expenses.

On appeal, the Director's Delegate upheld the arbitrator's decisions, finding no error of law in the arbitrator's evaluation of the medical evidence, the impact of the appellant's pre-existing condition, or the rejection of assessment expenses.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits and medical/rehabilitation expenses.

The insurer terminated benefits, arguing the applicant's disability was due to a pre-existing schizoaffective disorder rather than the accident.

The arbitrator found that the trauma of the accident triggered an episode of the applicant's pre-existing psychiatric illness, entitling him to income replacement benefits for a limited period.

Claims for various assessments were largely dismissed, save for one functional capacity evaluation.

The claim for a special award was dismissed as the insurer's termination of benefits was not unreasonable given the complex medical evidence.