Dr. John G. Evans

The applicant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.

The insurer terminated benefits, and the applicant sought ongoing benefits under section 12(5)(b) of the Statutory Accident Benefits Schedule, claiming she was continuously prevented from engaging in any suitable employment due to back, shoulder, and psychiatric issues.

The arbitrator found that the applicant's pre-existing osteoarthritis and deconditioning were the primary causes of her ongoing complaints, and that she had recovered sufficiently from her accident-related soft tissue injuries to return to her pre-accident employment as a cleaner.

The application for ongoing benefits and a special award was dismissed, though the applicant was awarded her expenses for the arbitration.

The applicants, two brothers, were injured in a motor vehicle accident and sought weekly income benefits from their insurer.

The insurer terminated benefits in the summer of 1992.

Following an arbitration hearing, the arbitrator determined the applicants' pre-accident weekly incomes and calculated their respective benefit amounts.

Based on medical and psychological evidence, the arbitrator found that one applicant was disabled from his job as a bodyshop helper until December 30, 1992, and the other was disabled from his job as a cleaner until April 30, 1993.

Claims for repayment by the insurer and a special award by the applicants were dismissed due to a lack of evidence.

The applicants were awarded their arbitration expenses.

The applicant, a taxi driver, was injured in a motor vehicle accident and received weekly income benefits.

The insurer terminated benefits on the basis that the applicant was no longer substantially unable to perform his essential tasks.

The parties agreed prior to the hearing that the applicant had been overpaid due to an incorrect calculation of his pre-accident income.

The arbitrator found that the medical evidence did not support the applicant's claimed level of disability, concluding that he exaggerated his symptoms and failed to follow medical advice to exercise and return to work.

The arbitrator held that the applicant was not entitled to further benefits and ordered him to repay the $7,936 overpayment.

The applicant was awarded his arbitration expenses.