Jeffrey Smith

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs), transportation expenses, and the cost of a medical assessment.

The insurer denied the benefits, arguing the applicant had returned to work and did not meet the disability tests.

The arbitrator found the applicant suffered a substantial inability to perform her pre-accident employment for the first 104 weeks and a complete inability to engage in suitable employment thereafter until she commenced a new career.

The arbitrator awarded the IRBs, transportation expenses, and assessment costs.

Furthermore, the arbitrator ordered the insurer to pay a $10,000 special award because it unreasonably withheld IRBs by failing to have its accountant review updated financial information that would have revealed flaws in its initial denial.

The applicant, a self-employed taxi driver, sought income replacement benefits following a motor vehicle accident.

The insurer denied the claim on the basis that the applicant failed to provide sufficient financial and medical information to determine entitlement.

The arbitrator found that the applicant failed to comply with his obligations under section 33 of the Statutory Accident Benefits Schedule by providing inadequate financial records and refusing to authorize the release of clinical notes from his treating physicians.

Consequently, the applicant was disentitled to benefits.

The arbitrator also found that the applicant failed to prove a substantial inability to perform the essential tasks of his employment.

The claim for a special award was dismissed.

The applicant, a self-employed contractor, was injured in a motor vehicle accident and sought ongoing statutory accident benefits.

The insurer disputed the calculation of his pre-accident income and his entitlement to benefits beyond the 156-week mark.

The arbitrator found the applicant's business records unreliable due to fraudulent alterations, calculating his income based on a 52-week average rather than a 4-week period.

On the issue of disability, the arbitrator determined that the applicant remained disabled from his pre-accident employment and required a work hardening program before transitioning to suitable alternative employment in construction retail.

The applicant was awarded ongoing benefits and partial expenses, with deductions for post-accident earnings.

The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer.

The insurer subsequently suspended benefits, claiming the applicant had overstated his pre-accident income and understated his post-accident income, resulting in an overpayment.

The arbitrator determined the appropriate calculation of the self-employed applicant's pre-accident and post-accident income, preferring bank deposit records over GST returns.

The arbitrator concluded there was no overpayment and ordered the insurer to pay an additional $4,321.51 in weekly income benefits plus interest.

The applicant, a self-employed martial arts instructor, sought statutory accident benefits following a motor vehicle accident.

The insurer terminated weekly benefits in May 1991 and sought repayment of overpaid amounts.

The arbitrator found that based on surveillance evidence and medical reports, the applicant was no longer substantially unable to perform the essential tasks of his occupation after March 11, 1991.

Due to unreliable financial documentation and unexplained discrepancies in the applicant's accounting evidence, the arbitrator awarded only the minimum weekly benefit of $185.60 for the eligible period.

The insurer was ordered to be repaid the overpaid benefits, less the cost of the applicant's treatment.