Dr. W. P. Southcott

The Applicant was injured in two motor vehicle accidents in May 1994 and received other disability benefits for 104 weeks.

She applied for ongoing benefits beyond the 104-week mark, which requires a complete inability to carry on a normal life.

The Arbitrator found that while the Applicant's life had changed, she retained a number of abilities and was not continuously prevented from engaging in substantially all of her pre-accident activities.

The claim for ongoing benefits and a special award was dismissed.

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

The insurer terminated benefits after 156 weeks, arguing the applicant was no longer continuously prevented from engaging in suitable employment.

The arbitrator found that while the applicant could not return to his pre-accident heavy labour job, he was capable of returning to his former employment as a real estate salesperson.

The arbitrator noted the applicant's poor compliance with rehabilitation, evidence of malingering, and video surveillance showing him golfing without difficulty.

The claim for ongoing benefits was dismissed.

The insurer's claim for repayment of benefits was also dismissed as there was no evidence of fraud or error.