Dr. Jacqueline Stewart

The applicant was injured in a rear-end motor vehicle accident and claimed statutory accident benefits, including income replacement benefits (IRBs) and medical rehabilitation expenses.

The insurer terminated IRBs based on medical assessments suggesting the applicant was not disabled.

The arbitrator found the applicant was substantially disabled from his pre-accident employment as a limousine driver due to chronic pain syndrome and fibromyalgia, entitling him to ongoing IRBs and a Loss of Earning Capacity (LEC) offer.

However, the arbitrator dismissed the claim for ongoing physical therapy expenses, finding them no longer reasonable or necessary.

Furthermore, the arbitrator determined the correct quantum of the IRB was $185 per week, not the previously paid $273.20, and ordered the applicant to repay the $9,387 overpayment due to his material misrepresentation regarding his income tax filings.

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.