Dr. Teow

The appellant was injured in a motor vehicle accident and received weekly income benefits until the respondent terminated them.

An arbitrator found that while the appellant suffered from accident-related pain, he was not substantially unable to perform the essential tasks of his employment as a machinist.

The appellant appealed, arguing the arbitrator misapprehended the medical and surveillance evidence, misapplied the test under section 12 of the Statutory Accident Benefits Schedule, and that the hearing was unfair because he was unrepresented.

The Director of Arbitrations dismissed the appeal, finding the arbitrator's factual conclusions were supported by the evidence, the correct legal test was applied, and the arbitration process was fair.

The appellant, a taxi driver, appealed an arbitration decision denying him additional weekly income benefits following a motor vehicle accident.

The arbitrator had found that the appellant's back pain was due to a pre-existing condition and that his evidence regarding his inability to work and his pre-accident income was not credible.

On appeal, the Director's Delegate upheld the arbitrator's findings, noting there was ample evidence to support the conclusions on credibility and the weight given to the medical evidence.

The appeal was dismissed, and claims for a special award and expenses were denied.