Dr. Geoffrey Lloyd

The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them at the two-year mark.

The applicant brought a motion for interim benefits pending arbitration.

The arbitrator found that the applicant had demonstrated a strong case for ongoing entitlement and severe financial hardship.

The arbitrator also excluded video surveillance evidence proffered by the insurer due to late and incomplete disclosure under Rule 40 of the Dispute Resolution Practice Code.

The motion for interim benefits was granted.

The applicant sustained severe mobility impairments following a motor vehicle accident and sought $60,291.10 from her insurer for the costs of moving from her multi-level home to a single-level bungalow.

The insurer denied the claim, arguing that the applicant could still ambulate and later asserting that she failed to submit a formal treatment plan before incurring the expense.

The arbitrator found that the move was a reasonable and necessary accommodation under section 15(5)(i) of the Statutory Accident Benefits Schedule.

The arbitrator also held that the insurer was estopped from relying on the procedural defence regarding the treatment plan due to its conduct.

A special award of $25,000 was granted against the insurer for unreasonably withholding benefits.

The applicant was injured in a motor vehicle accident in 1997 and received income replacement benefits until the insurer terminated them in November 1997 based on early medical opinions.

The applicant applied for arbitration, claiming ongoing entitlement to income replacement benefits due to cognitive, psychological, and physical impairments.

The arbitrator found that the applicant sustained impairments as a result of the accident and met the tests for both substantial inability within the first 104 weeks and complete inability thereafter.

The arbitrator preferred the evidence of the applicant, his family, and his medical-legal experts over the insurer's experts.

The insurer was ordered to pay ongoing income replacement benefits, interest from the date the applicant's counsel first contacted the insurer in 2001, and a $5,000 special award for unreasonably failing to reinstate benefits after receiving further medical evidence of disability.

The applicant sought statutory accident benefits for psychological treatment, physiotherapy, housekeeping, and the cost of assessments following a motor vehicle accident.

The arbitrator dismissed all claims, finding that the applicant suffered from significant credibility issues, having failed to disclose a prior accident and pre-existing conditions to medical assessors.

The arbitrator relied on the findings of the insurer's examiners and the Med/Rehab DAC assessors, who concluded that further treatment was not reasonable or necessary.

The claims for housekeeping and assessment costs were also dismissed for lack of evidence and medical referral.

Due to the applicant's lack of success and her representative's problematic conduct during the hearing, the parties were ordered to bear their own arbitration expenses.

The applicant sought statutory accident benefits, including non-earner disability benefits and income replacement benefits, following a motor vehicle accident.

The applicant failed to attend the arbitration hearing and his subsequent request for an adjournment was denied.

The arbitrator dismissed the claims for benefits, finding that the applicant's medical evidence was unsupported by diagnostic imaging and contradicted by surveillance video showing him working and moving freely.

Claims for interest and arbitration expenses by both parties were also dismissed.

The applicant was injured in a motor vehicle accident while riding her bicycle and sought statutory accident benefits.

The insurer terminated her income replacement and medical/rehabilitation benefits based on designated assessment centre (DAC) reports.

The arbitrator found that the applicant suffered a substantial inability to perform the essential tasks of her employment as a house cleaner due to chronic pain, entitling her to income replacement benefits up to the two-year anniversary of the accident.

The arbitrator also awarded medical benefits for prescription medications and transportation expenses, but denied claims for chiropractic care and injections as they were not reasonable or necessary.

The claim for hydrotherapy was deemed premature.

The arbitrator declined to make a special award, finding the insurer's reliance on the DAC reports was not unreasonable.

The applicant, an assembly line worker, was struck by a van while crossing the street, sustaining a severe left knee injury.

The insurer paid income replacement benefits until July 1995, when it terminated them based on medical assessments suggesting she could return to work.

The applicant sought ongoing benefits up to the 104-week mark.

The arbitrator found that the applicant's job required prolonged sitting with her knee bent, which caused disabling pain and reduced concentration.

Preferring the evidence of the treating specialists over the insurer's assessor, the arbitrator concluded the applicant suffered a substantial inability to perform the essential tasks of her employment.

The claim for ongoing income replacement benefits was allowed, but the request for a special award was dismissed as the insurer's initial termination was based on medical reports available at the time.

The applicant was struck by a motor vehicle while a pedestrian and claimed weekly income benefits.

At the time of the accident, he was receiving workers' compensation benefits for a prior work-related shoulder injury.

The arbitrator found that the applicant was not employed or on a temporary lay-off at the time of the accident, precluding entitlement to section 12 benefits.

Furthermore, the arbitrator concluded that the applicant was not entitled to section 13 benefits, as he had recovered sufficiently by November 1992 to perform his essential pre-accident tasks.

The claims for benefits were dismissed, but the applicant was awarded his arbitration expenses.