Dr. Joel Lobo

The applicant sought non-earner benefits (NEBs) following a motor vehicle accident.

The arbitrator found that the applicant did not qualify for an income replacement benefit as he was not employed at the time of the accident.

Applying the test for NEBs, the arbitrator concluded that the applicant did not suffer a complete inability to carry on a normal life, as he remained independent in self-care and was not completely unable to engage in housekeeping and home maintenance.

The application for NEBs, a special award, and interest was dismissed.

The applicant was injured in a motor vehicle accident while riding his bicycle.

The insurer paid income replacement benefits for 104 weeks but terminated them, arguing the applicant did not meet the more stringent test of complete inability to engage in suitable employment.

The arbitrator found the applicant, who was functionally illiterate in English and had a history of heavy physical labour, suffered from chronic pain and psychological impairments caused by the accident.

The arbitrator rejected the insurer's expert evidence that the applicant was malingering, finding instead that he was completely disabled from working.

The applicant was awarded ongoing income replacement benefits.

However, his claim for a multidisciplinary pain management program was dismissed as he failed to prove it was reasonable and necessary, given a previous similar program had not yielded further recovery.