Dr. Jacques Bouchard

The applicant, a self-employed real estate broker, was struck by a vehicle and claimed ongoing weekly income benefits and expenses under the Statutory Accident Benefits Schedule.

The insurer terminated benefits at the three-year mark, arguing she could return to work or engage in other suitable employment.

The arbitrator found that the alternative jobs proposed by the insurer were unsuitable given the applicant's age, lack of administrative skills, and pre-existing arthritis.

However, based on surveillance evidence showing the applicant working full days without apparent restriction by May 1995, the arbitrator concluded she was no longer substantially unable to perform her essential tasks after that date.

The arbitrator also calculated her pre-accident income to establish a maximum weekly benefit of $1,050, allowed deductions for post-accident income, and awarded partial housekeeping and full snow removal expenses.

The applicant was seriously injured in a motor vehicle accident and received statutory accident benefits.

The insurer terminated her weekly income benefits after 156 weeks, arguing she was capable of returning to work.

The arbitrator found that the applicant suffered from chronic pain syndrome as a result of the accident and was continuously prevented from engaging in suitable employment.

The arbitrator ordered the insurer to pay ongoing weekly income benefits, denied the insurer's claim for repayment of an overpayment caused by its own error, and allowed the deduction of 80% of the applicant's actual post-accident earnings, but rejected the deduction of potential future income.