Kendra Robinson

The applicant, a health care aide, was injured in a motor vehicle accident and received income replacement benefits for 104 weeks.

The insurer terminated benefits, arguing she could perform alternative employment.

The arbitrator found the insurer's vocational assessments relied on erroneous assumptions about the applicant's education and skills.

The arbitrator concluded the applicant suffered a complete inability to engage in suitable employment and awarded ongoing benefits.

Additionally, the arbitrator ordered a special award of 50 per cent of outstanding benefits, finding the insurer unreasonably withheld payments by ignoring credible evidence of the applicant's limitations.

The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them at the 104-week mark, asserting she could return to work in alternative occupations.

The applicant brought a motion for interim benefits pending the full arbitration hearing.

The arbitrator reviewed the standard for interim benefits, noting it requires establishing a prima facie case and urgency.

The arbitrator found that the applicant's entitlement raised difficult questions of law regarding the "complete inability" test that should be determined at a full hearing.

Furthermore, the applicant failed to establish sufficient urgency, as the hearing was scheduled to begin in three months.

The motion for interim benefits was dismissed.