Dr. J.A. Mayer

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

The insurer denied her claims for income replacement, medical, attendant care, and housekeeping benefits.

At arbitration, the arbitrator found that the applicant's injuries, which included her left hand, wrist, and knee, took her impairments outside the Pre-Approved Framework Guideline.

The arbitrator awarded income replacement benefits for a specific period of disability, medical benefits for chiropractic and physiotherapy treatment, and attendant care and housekeeping benefits, finding the expenses were reasonable, necessary, and adequately supported by medical evidence.

Interest was also awarded on the overdue benefits.

The applicant, a taxi driver, was injured when pinned between two vehicles.

He claimed ongoing weekly income benefits, alleging chronic pain and depression prevented him from working.

The insurer terminated benefits after medical assessments indicated he could return to work.

The arbitrator dismissed the claim for ongoing benefits, finding the applicant lacked credibility, exaggerated his symptoms, and had been working covertly at his brother's store, as revealed by surveillance evidence.

The medical opinions supporting disability were rejected as they relied on the applicant's unreliable subjective reporting.

The applicant was awarded one-third of his expenses.

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

He later developed intense lower back pain and was diagnosed with herniated discs, which he claimed were caused by the accident.

He also sought to include an unpaid $30,000 management fee in his pre-accident income calculation.

The arbitrator found that the medical evidence did not support a causal link between the accident and the back injuries, preferring the opinions of the insurer's and court-appointed experts.

The arbitrator also accepted the insurer's accounting expert's evidence that the unpaid management fee should not be included in the applicant's income.

The applicant's claims for further benefits were dismissed, though he was awarded his arbitration expenses.