Dr. Welsh

The appellant was injured in a motor vehicle accident and received weekly income benefits for over three years.

The insurer terminated benefits on the basis that she no longer met the post-156 week disability test.

An arbitrator dismissed her claim for ongoing benefits and a special award, finding insufficient medical evidence of disability and that the insurer acted reasonably.

On appeal, the Director's Delegate upheld the arbitrator's decision, finding no error in the assessment of the medical evidence or the conclusion that the appellant's failure to pursue recommended psychological counselling was her own responsibility.

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

The applicant applied for arbitration, claiming ongoing weekly income benefits, a special award, interest, and expenses.

The arbitrator found that the applicant was substantially unable to perform the essential tasks of her employment as a seamstress due to a herniated disc caused by the accident.

The arbitrator preferred the evidence of the applicant's treating orthopaedic surgeon over the insurer's medical experts.

The applicant was awarded ongoing weekly income benefits, interest, and expenses, but the claim for a special award was dismissed as the insurer's termination of benefits was not unreasonable.