Dr. F. Lipson

The applicant was injured in a rear-end motor vehicle accident and received income replacement benefits until the insurer terminated them at the 104-week mark.

The insurer argued the applicant was capable of returning to work, relying on assessments suggesting symptom magnification and a lack of organic basis for his pain.

The arbitrator found the applicant credible and accepted medical evidence that he suffered from chronic pain syndrome, depression, and adjustment disorder as a result of the accident.

The arbitrator concluded that the combination of the applicant's physical and psychological impairments rendered him completely unable to engage in any employment for which he was reasonably suited by education, training, or experience.

The applicant was awarded ongoing income replacement benefits.

The applicant was involved in two motor vehicle accidents in 2002 and sought statutory accident benefits, including income replacement, medical, and housekeeping benefits.

The insurer denied the claims, arguing a lack of causation for symptoms that arose six months after the second accident.

The arbitrator found that while the applicant was substantially unable to perform his pre-accident employment duties after March 2003, he failed to establish on a balance of probabilities that either accident caused the delayed onset of his significant symptoms.

Consequently, the claims for income replacement benefits and further chiropractic treatment for the second accident were dismissed.

The arbitrator did award outstanding chiropractic expenses for the first accident and a small balance for housekeeping services, along with interest on the overdue amounts.

The applicant was seriously injured in a motor vehicle accident, resulting in a through-the-knee amputation of his right leg.

He applied for a catastrophic impairment designation under paragraph 2(1)(f) of the Statutory Accident Benefits Schedule, claiming a whole person impairment (WPI) of 55% or more.

The arbitrator evaluated the applicant's physical, skin, and mental/behavioural impairments using the AMA Guides.

The arbitrator found that the applicant sustained a 37% WPI for his lower extremity, a 20% WPI for skin impairment, a 15% WPI for mental and behavioural disorders, and additional minor ratings for his low back, left knee, and left wrist/elbow.

Combining these ratings, the arbitrator concluded the applicant sustained a 62% WPI, meeting the threshold for catastrophic impairment.