Dr. Karl Massiah

The applicant was injured in a motor vehicle accident and sought various statutory accident benefits, including income replacement, medical and rehabilitation, housekeeping, and examination costs, as well as a special award.

The arbitrator found that the applicant's post-accident earnings as a real estate agent were substantially higher than his pre-accident earnings, creating a strong presumption against a substantial inability to perform his essential job tasks.

Surveillance evidence also contradicted his claims of severe disability.

The arbitrator dismissed the claims for income replacement, housekeeping, examination costs, and a special award.

However, the arbitrator awarded limited medical and rehabilitation benefits, including reimbursement for nerve block injections, massage therapy, and prescription medications, finding them reasonable and necessary for palliative pain relief.

The applicant was injured in a motor vehicle accident and sought income replacement, rehabilitation, housekeeping, and transportation benefits from his insurer.

The insurer terminated income replacement benefits after medical assessments found no objective physical impairment and noted signs of exaggerated pain.

The arbitrator dismissed the claims for income replacement, housekeeping, and transportation expenses, finding insufficient medical evidence to support a substantial inability to perform essential tasks.

However, the arbitrator ordered the insurer to pay $2,030 for a portion of the claimed rehabilitation expenses, finding that specific physiotherapy program was reasonable and necessary.

The applicant was injured in a motor vehicle accident and claimed weekly benefits and yard maintenance expenses from his insurer.

The insurer denied the claims, arguing the applicant's disability was not caused by the accident and that he lacked motivation.

The arbitrator found that the accident aggravated the applicant's pre-existing spinal degeneration, causing a substantial inability to perform his essential daily tasks, including home renovations and strenuous recreational activities.

The arbitrator awarded three years of weekly benefits and partial yard maintenance expenses.

Furthermore, the arbitrator ordered the insurer to pay a $10,000 special award under section 282(10) of the Insurance Act, finding that the insurer's continued denial of the claim after receiving objective MRI evidence was unreasonable.