Dr. W.

The claimant appealed the denial of her continuing Long Term Income Protection (LTIP) benefits.

The insurer terminated benefits at the change of definition date, asserting she could perform sedentary work despite her chronic back pain and degenerative disc disease.

The arbitrator upheld the appeal, finding that the medical evidence, including an Independent Medical Examination noting a 20-minute sitting and standing tolerance, did not establish an ability to perform sedentary work.

The arbitrator concluded that a functional abilities evaluation should have been conducted and remitted the matter of ongoing compensation to the parties.

The applicants, who were the foster parents of a young child, applied for a review of the children's aid society's decision to refuse their application to adopt the child.

The society had planned to place the child with her biological siblings, who had been adopted by an employee of the society.

The Board found that the society had a conflict of interest and failed to properly consider the applicants' application.

The Board rescinded the society's decision and ordered that the child remain with the applicants pending a full and fair assessment of their adoption application by an independent children's aid society.