Dr. J. E. Trotter

The applicant was injured in a head-on motor vehicle collision and sought ongoing income replacement benefits after the insurer terminated them.

The insurer argued that the applicant's inability to work was due to her significant pre-accident medical history, including a prior accident and depression.

The arbitrator found the applicant credible and preferred the medical evidence demonstrating that the accident caused a disabling chronic pain syndrome.

The arbitrator concluded that the applicant met both the 104-week and post-104-week disability tests under the Statutory Accident Benefits Schedule, entitling her to ongoing income replacement benefits and interest, and dismissing the insurer's claim for repayment.

The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated her weekly income replacement benefits.

The insurer relied on a Disability DAC assessment concluding she could perform alternative employment.

The arbitrator found that while the applicant was physically capable of performing the tested jobs, she suffered from a chronic pain condition and psychological impairments caused by the accident.

Relying on earlier DAC reports and psychological assessments, the arbitrator concluded that these psychological limitations rendered her completely unable to engage in any employment for which she was reasonably suited by education, training, or experience.

The applicant sought statutory accident benefits following two motor vehicle accidents in June 1995 and July 1996.

The insurers disputed his claims for income replacement benefits, supplementary medical expenses, rehabilitation expenses, attendant care benefits, other pecuniary losses, and housekeeping expenses.

The first insurer also sought repayment of benefits.

The arbitrator found that the applicant was entitled to income replacement benefits from the second insurer for a specific period, as well as certain supplementary medical expenses, attendant care benefits, and other pecuniary losses.

The claims for rehabilitation and housekeeping expenses were dismissed.

The arbitrator also ordered the applicant to repay the first insurer for a period of income replacement benefits due to misrepresentation regarding his pre-accident abilities and receipt of short-term disability benefits.

The applicant, a self-employed stone mason, was injured in a motor vehicle accident and sought statutory accident benefits, including a Loss of Earning Capacity Benefit (LECB) and expenses for home completion and maintenance.

The arbitrator determined the applicant's pre-accident earning capacity based on what he could reasonably have earned, discounting for seasonal and economic factors, and found his residual earning capacity to be zero due to chronic pain and vocational barriers.

The arbitrator awarded a weekly LECB of $488.87.

The claim for $106,013 to hire labour to complete the applicant's custom home was dismissed as it lacked a rehabilitative purpose under section 40 of the Schedule.

However, the arbitrator allowed claims for specific home maintenance tasks that would significantly aggravate the applicant's pain.

The complainant, a coal handler, suffered a shoulder injury and was off work on compensation.

After receiving medical clearance from his personal physician to return to work, the respondent employer refused to reinstate him, relying on an earlier assessment indicating he could not perform over-the-shoulder lifting.

The Board of Inquiry found that the employer discriminated against the complainant by failing to properly investigate the new medical clearance.

However, damages were significantly reduced to $2,000 because the complainant was negligent in failing to promptly clarify his medical status with the employer.