Dr. Louis Weisleder

The applicant, a plumber, was injured in a motor vehicle accident and sought income replacement benefits (IRBs) after the insurer terminated them.

The arbitrator found that the accident aggravated the applicant's pre-existing back condition, causing a substantial inability to perform the essential tasks of his job, particularly driving long distances and working in awkward positions.

The applicant was awarded IRBs for the disputed period, along with interest.

Claims for medical assessment expenses and an MRI were dismissed as they were either arbitration expenses or not properly claimed under the Schedule.

The claim for a special award was also dismissed, as the insurer had a justifiable basis for terminating benefits based on a DAC report.

The appellant was injured in a motor vehicle accident and claimed caregiver benefits under the Statutory Accident Benefits Schedule.

The insurer paid a lower rate of disability benefits and later terminated them after an independent medical examination.

The appellant requested a Designated Assessment Centre (DAC) evaluation, which also concluded she was not disabled.

At arbitration, the arbitrator found the appellant was entitled to the higher caregiver benefit rate but only until the date of the first medical examination.

On appeal, the appellant argued that section 64 of the SABS required the insurer to pay benefits until the DAC report was issued.

The Director's Delegate dismissed the appeal, holding that section 64 governs the process for stopping benefits but does not create an absolute entitlement immune from a later finding that disability ended earlier.