Dr. Jon Mills

The applicant was injured in a rear-end motor vehicle accident and sought accident benefits, including an Income Replacement Benefit (IRB), medical benefits, and the cost of examinations.

The arbitrator dismissed the claim for an IRB, finding the applicant failed to prove he was employed at the time of the accident and failed to attend required insurer examinations.

However, the arbitrator found that the applicant's physical and psychological injuries fell outside the Minor Injury Guideline (MIG), preferring the evidence of the applicant's experts over the insurer's experts.

The arbitrator concluded the applicant was not malingering and that the proposed medical treatments and assessments were reasonable and necessary.

The claim for a Special Award was dismissed as the applicant and his counsel contributed to the delays.

The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRB).

The insurer terminated the benefits, arguing the applicant did not meet the test for entitlement.

The Tribunal found that the applicant was employed as a school bus driver at the time of the accident and that the accident caused her right shoulder and back pain.

Preferring the evidence of the applicant's physiatrist over the insurer's, the Tribunal concluded that the applicant's physical limitations rendered her substantially unable to perform the essential tasks of her employment, specifically driving a school bus for extended periods.

The applicant was awarded a weekly IRB of $292.46.

The Applicant sought statutory accident benefits, including non-earner benefits, treatment plans, and examination costs, following a motor vehicle accident.

The insurer denied the claims.

The arbitrator found the Applicant's evidence regarding her pre-accident functioning to be unreliable and exaggerated, noting extensive pre-existing medical issues and a history of claiming a Disability Tax Credit.

Relying on the credible evidence of the insurer's medical experts, who found no objective evidence of accident-related impairment and noted pain magnification, the arbitrator concluded the Applicant did not suffer a complete inability to carry on a normal life.

All claims for benefits, treatment plans, and a special award were dismissed.

The Applicant was ordered to pay the insurer's expenses.