Dr. George Rado

The applicant was injured in a motor vehicle accident and sought various statutory accident benefits, including income replacement, medical and rehabilitation, housekeeping, and examination costs, as well as a special award.

The arbitrator found that the applicant's post-accident earnings as a real estate agent were substantially higher than his pre-accident earnings, creating a strong presumption against a substantial inability to perform his essential job tasks.

Surveillance evidence also contradicted his claims of severe disability.

The arbitrator dismissed the claims for income replacement, housekeeping, examination costs, and a special award.

However, the arbitrator awarded limited medical and rehabilitation benefits, including reimbursement for nerve block injections, massage therapy, and prescription medications, finding them reasonable and necessary for palliative pain relief.

The applicant was injured in a motor vehicle accident and received income replacement benefits for 104 weeks.

The insurer terminated benefits, and the applicant sought ongoing income replacement, attendant care, and housekeeping benefits.

The arbitrator found that the applicant did not suffer a complete inability to engage in suitable employment due to physical injuries, but did suffer such an inability due to psychological complications (severe depression and anxiety) until her condition stabilized.

The arbitrator awarded income replacement benefits for a closed period.

The claims for attendant care and housekeeping expenses were dismissed because the applicant failed to prove she incurred a cost or obligation to pay her husband for those services.

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

The insurer terminated benefits, arguing the applicant was no longer disabled and could return to work.

The applicant applied for arbitration, claiming ongoing disability due to chronic pain, depression, and cognitive difficulties.

The arbitrator found the applicant credible and preferred the medical evidence supporting her disability over the insurer's medical examinations.

The arbitrator concluded that the applicant was continuously prevented from engaging in any occupation for which she was reasonably suited by education, training, or experience.

The applicant was awarded ongoing weekly income benefits and interest on overdue payments.

The applicants sought income replacement benefits and payment of physiotherapy accounts following a low-impact rear-end motor vehicle collision.

The insurer denied the claims, arguing the impact was too minimal to cause the alleged injuries, and sought repayment of some physiotherapy expenses already paid.

The arbitrator found the applicants' evidence regarding their injuries lacked credibility, noting inconsistencies and a failure to disclose pre-existing conditions to their treating physicians.

Relying on expert evidence in accident reconstruction and biomechanics, the arbitrator concluded the collision forces were insufficient to cause the claimed injuries.

The claims for income replacement and physiotherapy were dismissed, as was the claim for a special award.

The insurer's claim for repayment was also dismissed because the initial payments were not made due to error, fraud, or wilful misrepresentation.

The applicant was injured in a motor vehicle accident and, two weeks later, was assaulted and robbed at her workplace.

She claimed ongoing statutory accident benefits, arguing her disability stemmed from the car accident, while the insurer argued her ongoing issues were caused by the robbery.

The arbitrator found that both events significantly contributed to her condition, satisfying the causation requirement for accident benefits.

The applicant was awarded weekly income benefits for the first 156 weeks, as she was substantially disabled from her pre-accident employment.

However, she was denied benefits beyond 156 weeks because she was capable of engaging in suitable alternative employment.

The insurer was granted a credit for W.C.B. benefits the applicant received.

The applicant was injured in a snowmobile accident and received caregiver benefits until the insurer terminated them.

The arbitrator found that the applicant was deemed to have elected caregiver benefits.

While the applicant did not suffer a substantial inability to engage in caregiving activities after the termination date, she did suffer a partial inability to carry on a normal life due to her restricted mobility.

The arbitrator awarded caregiver benefits for the 104-week period following the accident, along with interest and expenses.

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

The insurer terminated weekly income benefits at the three-year mark.

The applicant sought ongoing benefits under section 12(5) of the Schedule, claiming continuous inability to engage in suitable employment due to soft tissue injuries, fibromyalgia, and depression.

The arbitrator found evidence of symptom embellishment and concluded the applicant was capable of sedentary work or returning to his previous administrative courier duties.

The arbitrator awarded a brief extension of benefits for a four-month 'work hardening' period, terminating on January 29, 1994.

The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, including weekly income benefits and housekeeping expenses.

The insurer terminated benefits, arguing the applicant was misrepresenting her symptoms and was capable of working.

The arbitrator found that the applicant suffered from post-traumatic stress disorder and chronic pain syndrome resulting from the accident, which substantially disabled her from performing the essential tasks of her employment in her husband's business until August 15, 1994.

The arbitrator awarded weekly income benefits up to that date, as well as housekeeping expenses, but denied the claim for holiday expenses.

The applicant was injured in a motor vehicle accident and received statutory accident benefits until July 1991.

She claimed ongoing entitlement to weekly income benefits, childcare benefits, and housekeeping expenses due to a right ulnar nerve problem that developed months after the accident.

The insurer denied ongoing benefits and claimed an overpayment, arguing that the applicant's pre-existing workers' compensation pension should have been deducted from her weekly benefits.

The arbitrator found that the applicant failed to establish on a balance of probabilities that her ulnar neuropathy was caused by the motor vehicle accident, as there was no evidence of direct trauma to her elbow.

Consequently, her claims for ongoing benefits were dismissed.

However, the arbitrator also held that the applicant's workers' compensation pension for a permanent partial disability was not a payment for loss of income under section 13(3) of the No-Fault Benefits Schedule, and therefore was not deductible.

The insurer's claim for repayment of the alleged overpayment was dismissed.