George Boghean

The applicant sustained a permanent knee injury in a motor vehicle accident and sought ongoing income replacement benefits and funding for university retraining as an engineer.

The insurer terminated benefits based on a vocational assessment identifying alternative employment.

The arbitrator found the insurer's job recommendations unsuitable due to the applicant's physical limitations and pre-accident earnings, and drew an adverse inference against the insurer for failing to arrange a required Designated Assessment Centre evaluation.

The applicant was awarded ongoing income replacement benefits, but his claim for engineering retraining was dismissed as it was not similar to his pre-accident employment as a roofing supervisor.

The applicant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.

The insurer terminated benefits, arguing the applicant's ongoing disability was due to pre-existing degenerative changes and that he was not continuously prevented from engaging in suitable alternative employment.

The arbitrator preferred the medical evidence attributing the applicant's chronic pain to the accident.

The arbitrator also accepted vocational evidence that the applicant lacked the education, training, and skills for the alternative jobs proposed by the insurer, and found the applicant was entitled to ongoing weekly income benefits.

The applicant, a 62-year-old labourer with a grade three education, was struck by a motor vehicle and suffered multiple injuries, including fractured ribs and a head injury.

He applied for ongoing weekly income benefits under section 12(5)(b) of the Statutory Accident Benefits Schedule after the insurer terminated them.

The arbitrator found that the applicant suffered from post-concussion syndrome and chronic disabling pain resulting from the accident.

Given his age, limited education, poor English skills, and physical limitations, the arbitrator concluded that the applicant was continuously prevented from engaging in any suitable occupation or employment.

The insurer was ordered to pay weekly income benefits of $536.75 from May 5, 1994 onwards, plus interest and expenses.