Dr. Tim Dwyer

The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits and medical benefits for chronic pain.

The insurer had paid benefits up to the Minor Injury Guideline (MIG) limit and terminated income replacement benefits based on insurer examinations.

The arbitrator found that the applicant's injuries fell within the MIG, rejecting the chronic pain diagnosis due to credibility issues, positive Waddell signs, and invalid psychometric testing results.

The arbitrator also concluded that the applicant did not suffer a substantial inability to perform the essential tasks of his employment.

The claims for income replacement and medical benefits were dismissed, though the cost of a disability certificate was allowed.

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

The Insurer denied several treatment plans and assessments, arguing the Applicant's injuries fell within the Minor Injury Guideline (MIG).

The arbitrator found that the Applicant's psychological and orthopaedic expert reports were tainted by a conflict of interest, as the primary psychologist had a close personal and financial relationship with the Applicant, and other experts relied on her clinic's flawed assessments.

The arbitrator excluded or gave no weight to the Applicant's expert evidence and accepted the Insurer's independent medical examinations.

The arbitrator concluded the injuries were predominantly minor and dismissed the claims for further benefits.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement, housekeeping, and attendant care benefits.

The insurer terminated these benefits based on insurer examinations.

The arbitrator found that the applicant remained substantially unable to perform the essential tasks of his pre-accident employment, noting the insurer failed to properly adjust the file when advised the applicant had not returned to work.

The arbitrator awarded income replacement benefits, partial housekeeping and attendant care benefits, and a $5,000 special award against the insurer for unreasonably withholding benefits.