Dr. T. Saeed

The applicant was injured in a rear-end motor vehicle accident and sought income replacement benefits (IRBs) after the insurer terminated them.

The central issue was whether the applicant suffered a substantial inability to perform the essential tasks of her pre-accident employment as an assembly line worker.

The arbitrator found the applicant credible and accepted the evidence of her treating family doctor over the insurer's medical examiners.

The arbitrator concluded that the physical demands of the applicant's job, which required continuous standing and repetitive lifting, combined with her accident-related soft tissue injuries and chronic pain, rendered her substantially unable to perform her essential duties.

The applicant was awarded IRBs for the disputed period, along with interest.

The Applicant was injured in a motor vehicle accident and sought statutory accident benefits for transportation expenses to see doctors in Toronto after moving to London, Ontario.

The arbitrator allowed transportation expenses for visits to an orthopaedic surgeon and a neurologist, finding them reasonable.

However, transportation expenses for visits to a family doctor and a psychiatrist were limited to a local distance of 25 kilometres per visit, as the treatment was routine and local alternatives were available.

Claims for a $125 fee paid to a psychiatrist and for hydrotherapy were dismissed due to insufficient evidence.

The Applicant was awarded expenses for the arbitration.