Dr. Goldenberg

The applicant was injured in a motor vehicle accident and received weekly income benefits until he returned to work.

He later stopped working due to shoulder pain and underwent surgery.

He applied for weekly income benefits for the period he was off work.

The arbitrator found that the accident significantly contributed to the aggravation of his pre-existing shoulder instability.

However, the applicant only proved he was disabled from performing the essential tasks of his employment from July 21, 1994, when his orthopaedic surgeon first examined him, to June 19, 1995, when he returned to work.

The applicant was awarded benefits for that period, along with interest and expenses, subject to a minor reduction for late production of documents.

The appellant was injured in a motor vehicle accident and developed severe fibromyalgia and chronic pain.

She appealed an arbitrator's decision denying her claims for various assistive devices, a hot tub, an electric bed, and replacement farm labour costs under the Statutory Accident Benefits Schedule.

The Director's Delegate upheld the arbitrator's denial of the hot tub, exercise equipment, and replacement farm labour, agreeing that the labour costs were a business expense rather than a rehabilitation need.

However, the Director's Delegate reversed the arbitrator's decision regarding the electric bed, finding it reasonably required for the appellant's rehabilitation to manage chronic pain.

The order was also varied to correct the calculation of CPP disability benefit deductions.

The applicant was injured in a motor vehicle accident and applied for accident benefits.

A priority dispute arose between the insurer of the vehicle he was in (State Farm) and his brother's insurer (Progressive).

The arbitrator found the applicant was principally dependent on his brother for financial support, making Progressive liable.

The applicant also claimed weekly income benefits based on a job offer made shortly before the accident.

The arbitrator accepted that a legitimate offer of employment existed but found the applicant's accident-related disability resolved by mid-June 1991.

Weekly income benefits were awarded for that limited period, along with arbitration expenses.