Dr. E.R. Bogoch

The applicant was injured in a motor vehicle accident and sought income replacement benefits, housekeeping expenses, and the cost of a gym membership.

The arbitrator found that the medical evidence did not support a substantial inability to perform the essential tasks of his employment during the claimed period.

The claims for housekeeping and the gym membership were also dismissed due to lack of credible evidence and medical necessity.

The applicant was ordered to repay the insurer for an overpayment of benefits received while he was also receiving long-term disability benefits.

The applicant, a 66-year-old pedestrian, was struck by a motor vehicle and suffered a fractured leg.

She applied for statutory accident benefits, including non-earner, attendant care, and housekeeping benefits.

The insurer denied the non-earner benefits and disputed the quantum of the other benefits.

The arbitrator found that the applicant suffered a complete inability to carry on a normal life and awarded non-earner benefits.

The arbitrator also awarded increased attendant care and housekeeping benefits, finding the applicant was substantially unable to perform her pre-accident activities.

Furthermore, the arbitrator ordered the insurer to pay a $6,000 special award because it unreasonably delayed the payment of attendant care and housekeeping benefits and unreasonably denied non-earner benefits.