Dr. Edward English

The applicant was injured in a motor vehicle accident and received income replacement benefits until the 104-week mark, at which point the respondent terminated them.

The applicant applied to the Licence Appeal Tribunal for ongoing benefits, arguing he suffered a complete inability to engage in any suitable employment due to physical and psychological impairments.

The Tribunal dismissed the application, finding the applicant's medical evidence failed to address the more stringent post-104 week test and lacked specific diagnoses.

The Tribunal accepted the respondent's expert evidence that the applicant could return to work and had alternative vocational options.

The applicant was injured in a motor vehicle accident and sought various medical and rehabilitation benefits.

The respondent denied the benefits, arguing the applicant's injuries were predominantly minor and subject to the $3,500 cap under the Statutory Accident Benefits Schedule.

The applicant argued that a pre-existing degenerative spine condition, diagnosed three years post-accident, entitled him to treatment beyond the cap.

The Tribunal preferred the evidence of an orthopaedic surgeon who concluded the applicant's continuing back problems were related to his pre-existing degenerative condition, not the accident.

The Tribunal found the applicant sustained predominantly minor injuries and dismissed the application for further benefits.

The applicant insurer sought judicial review of a Director's Delegate's decision which found that the respondent insured was not precluded from proceeding to arbitration.

The insurer had denied the insured's claim for a non-earner benefit but failed to provide a copy of the medical report it relied upon until more than two years later.

The Divisional Court held that the Director's Delegate's decision was reasonable, as the failure to provide the medical report meant the insurer provided incomplete reasons for the denial, and thus the two-year limitation period did not commence until the report was finally provided.

The applicant was struck by a car and claimed ongoing income replacement benefits and physiotherapy expenses.

The insurer terminated benefits, arguing she could return to her job as a light duty cleaner and sought to deduct alleged post-accident income.

The arbitrator found the applicant suffered a substantial inability to perform the essential tasks of her job due to accident-related knee tendinitis, entitling her to ongoing income replacement benefits.

The arbitrator also found no evidence of actual post-accident income to deduct, and allowed only one month of the claimed physiotherapy expenses, finding the remainder unreasonable.

The applicant was struck by a vehicle while crossing the street and claimed statutory accident benefits for income replacement, housekeeping, and travel expenses.

The insurer denied income replacement benefits after December 26, 1995, and housekeeping expenses.

At arbitration, the arbitrator found the applicant to be an unreliable historian whose testimony was contradicted by video surveillance showing him walking normally.

The medical evidence did not support the applicant's claims of debilitating physical or cognitive impairments preventing him from performing his job as a furniture assembler.

The claims for income replacement and housekeeping were dismissed, but the applicant was awarded $590 for uncontested travel expenses.