Dr. Francois Racine

The applicant was injured in a motor vehicle accident and sought medical and rehabilitation benefits under the Statutory Accident Benefits Schedule for chronic pain.

The respondent insurer denied the claims, arguing the applicant's symptoms were due to pre-existing arthritis and that she had reached maximum recovery.

The adjudicator applied the material contribution test and found that the accident materially contributed to the applicant's pre-existing condition, resulting in chronic pain.

The adjudicator granted the claims for chiropractic and physiotherapy services, a pain management program, Lidocaine infusions, an exercise program, and an occupational therapy assessment, finding them reasonable and necessary for pain relief and management.

The claim for an EEG assessment was denied as there was no evidence of a traumatic brain injury.

The applicant was also awarded interest on overdue payments.

The applicant was injured in a motor vehicle accident while a passenger on a bus.

She received weekly income benefits until they were terminated by the insurer.

The applicant sought reinstatement of weekly income benefits and payment for a secretarial course as a rehabilitation expense.

The arbitrator found that the applicant did not suffer a substantial inability to perform her pre-accident employment immediately following the termination of benefits, but that a subsequent brief return to work exacerbated her condition, entitling her to benefits thereafter.

The claim for the cost of the secretarial course was dismissed as the applicant failed to prove it was a reasonable and suitable rehabilitation expense given her physical limitations.