2 total
Claim for ongoing weekly income benefits dismissed as applicant was capable of suitable light-duty employment.
The applicant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.
The insurer terminated benefits, arguing the applicant did not meet the stricter disability test under section 12(5)(b) of the Statutory Accident Benefits Schedule.
The arbitrator determined that the 156-week period refers to 156 weeks of disability, not 156 weeks from the accident date.
On the merits, the arbitrator found that while the applicant could not return to his heavy pre-accident work as a millwright, he had transferrable skills and was capable of engaging in suitable light-duty employment.
The claim for ongoing weekly income benefits was dismissed.
The arbitrator also denied the applicant's claim for a special award, finding the insurer did not unreasonably withhold payments, but awarded the applicant his arbitration expenses.
Application for reinstatement of weekly income benefits dismissed as medical evidence supported a return to work.
The applicant, a taxi driver, was injured in a motor vehicle accident and received weekly income benefits until January 1994.
He applied for reinstatement of benefits, claiming ongoing physical and psychological injuries rendered him substantially unable to perform his essential tasks.
The arbitrator found the applicant's evidence contradictory and unsupported by the medical reports, which largely recommended a return to work.
The claims for ongoing weekly income benefits and a special award were dismissed, though the applicant was awarded his arbitration expenses.
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