Dr. M. Hall

The applicant was injured in two motor vehicle accidents and claimed various statutory accident benefits from her insurer.

The insurer argued she had signed a full and final release for her income replacement benefits, which also barred her claim for loss of earning capacity benefits (LECBs).

The arbitrator found the release only applied to income replacement benefits and that the applicant was entitled to an offer for LECBs because she was substantially unable to perform the essential tasks of her pre-accident employment at the 104-week mark.

The arbitrator also awarded supplementary medical expenses, housekeeping and attendant care benefits, and a special award against the insurer for unreasonably withholding certain benefits.

The applicant was injured in a motor vehicle accident and received weekly income benefits for five years before the insurer terminated them.

The applicant sought ongoing benefits under subsection 12(5) of the Statutory Accident Benefits Schedule, claiming she was continuously prevented from engaging in any suitable employment due to a psychological disability.

The arbitrator found the applicant credible and rejected the insurer's argument, based on video surveillance and one psychiatric opinion, that she was feigning her disability.

The arbitrator concluded the accident significantly contributed to her post-traumatic stress disorder and major depression, rendering her totally disabled.

The arbitrator also fixed the weekly benefit amount at $311.66 based on the insurer's own accountant's report, and dismissed the insurer's claims for repayment and post-accident income deductions.

The applicant was injured in a motor vehicle accident and received statutory accident benefits from the insurer until they were terminated.

She applied for arbitration claiming ongoing weekly income benefits, medical expenses, and a special award.

The arbitrator found that the applicant suffered a substantial inability to perform the essential tasks of her employment as a dispatcher/cashier due to ongoing physical and psychological injuries, including right arm weakness, anxiety, and depression caused by the accident.

The arbitrator awarded weekly income benefits for the disputed two-year period.

Claims for nutritional counselling, meal replacements, and a special award were dismissed due to insufficient evidence.

The arbitrator also ruled that the new expense provisions under the Automobile Insurance Rate Stability Act did not apply retroactively, denying the insurer's claim for expenses and awarding the applicant her expenses of the proceeding.

The applicant was injured in a motor vehicle accident and received weekly income benefits for three years.

The insurer terminated benefits, and the applicant sought arbitration to reinstate them under section 12(5)(b) of the Statutory Accident Benefits Schedule, claiming he was continuously prevented from engaging in any suitable occupation.

The arbitrator dismissed the application, finding the applicant's evidence regarding his post-accident employment and level of disability to be unreliable and not credible.

This finding was supported by surveillance video showing the applicant at his former workplace and medical evidence suggesting symptom magnification and voluntary simulation.

The applicant's claim for arbitration expenses was also denied due to his lack of credibility.