Dr. Weinstock

The applicant sought non-earner benefits and interest following a 2021 motor vehicle accident.

The applicant had previously been deemed catastrophically impaired following a 2010 accident.

The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to demonstrate a complete inability to carry on a normal life as a result of the subject accident.

The adjudicator preferred the respondent's medical evidence, noting that the applicant retained sufficient mobility to perform most activities of daily living and that his need for assistance stemmed from his pre-existing injuries and advanced age.

The applicant, a restaurant cook, was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them.

The applicant claimed he remained disabled due to dizziness caused by the accident.

The arbitrator accepted the uncontradicted medical evidence of an otolaryngologist who diagnosed a post-traumatic labyrinthine concussion.

Finding that the applicant's dizziness prevented him from performing the demanding and hazardous tasks of a cook in a busy kitchen, the arbitrator concluded the applicant was substantially unable to perform his essential tasks.

The insurer was ordered to pay income replacement benefits for the disputed period, along with interest and expenses.