Dr. Michael Kliman

The applicant sought $1,153.17 for assistive devices following a motor vehicle accident.

The adjudicator found that the applicant failed to prove the devices were reasonable and necessary, as occupational therapy assessments indicated she could complete transfers and bathing independently.

The claims for the treatment plan, interest, and an award for unreasonable delay were dismissed.

The applicant sought a determination that she sustained a catastrophic impairment and was entitled to attendant care benefits following a motor vehicle accident.

The Tribunal found that the applicant did not sustain a catastrophic impairment, as her psychological and physical impairments did not meet the threshold of three or more marked impairments under Criterion 8.

The Tribunal also denied the claim for attendant care benefits, finding that the applicant failed to prove her spouse suffered an economic loss to provide the care, and therefore the expenses were not incurred.

Claims for interest and a special award were also dismissed.

The applicant was injured in a motor vehicle accident and sought income replacement benefits and medical benefits after the insurer terminated them.

The arbitrator found that the applicant was entitled to income replacement benefits for a limited period from July 22, 2000, to October 4, 2000, based on his family doctor's evidence of ongoing improvement.

However, relying on surveillance evidence and a Med Rehab DAC assessment, the arbitrator concluded the applicant was substantially able to perform his pre-accident employment as a welder after October 4, 2000.

The arbitrator also awarded $1,522 for chiropractic treatments but denied the claim for physiotherapy and massage treatments, finding them not reasonable and necessary.

The applicant was injured in a motor vehicle accident and received weekly disability benefits until May 1997.

He applied for ongoing disability benefits and reimbursement for three medical reports.

The arbitrator found that the applicant failed to establish a substantial inability to perform the essential tasks of his pre-accident job as a video salesman, as his medical experts did not address his actual job duties.

The claim for ongoing weekly benefits was dismissed.

However, the arbitrator ordered the insurer to reimburse the applicant for the costs of the three medical reports, finding they were reasonably incurred under section 24 of the Statutory Accident Benefits Schedule to establish entitlement to benefits.

The applicant, a taxi driver, was injured in two motor vehicle accidents in March and April 1996.

The insurer paid income replacement benefits until May 1997, when it terminated them on the basis that the applicant could return to work.

The applicant sought ongoing benefits until his actual return to work in May 1998, as well as interest on a previously agreed-upon shortfall in the weekly benefit rate.

The arbitrator found that the applicant's ongoing soft tissue pain and post-traumatic vertigo prevented him from performing the essential tasks of a taxi driver, which included long shifts and heavy lifting, until May 1998.

The arbitrator rejected the insurer's argument that the applicant's disability was caused by extraneous conditions such as a prior head injury or varicose veins.

The arbitrator also held that the insurer was liable for interest on the shortfall of benefits from the date the completed application was received, not from the date the applicant provided updated income information.

The applicant was injured in a motor vehicle accident and received weekly income replacement benefits until the insurer terminated them.

The applicant sought arbitration for ongoing income replacement benefits, supplementary medical benefits for physiotherapy, and a determination on the availability of collateral long-term disability benefits.

The arbitrator found that the applicant was substantially unable to perform the essential tasks of her employment due to chronic pain and depression caused by the accident.

The arbitrator awarded ongoing income replacement benefits, partially granted the claim for physiotherapy expenses, and found that long-term disability benefits were not available to reduce the weekly benefits.

The applicant was struck by a car while crossing the street, sustaining pelvic fractures, a closed head injury, and significant soft tissue injuries.

She received weekly income benefits until the insurer terminated them, arguing she could return to her job as a sewing machine operator.

The arbitrator found that the applicant's chronic pain prevented her from maintaining the sustained positions, speed, and dexterity required for her piecework job, entitling her to benefits under section 12(1) for the initial 156-week period.

However, the applicant failed to establish that she was continuously prevented from engaging in any occupation for which she was reasonably suited, so benefits under section 12(5)(b) were denied.

The arbitrator also ordered the insurer to reimburse the applicant for a new mattress, finding it was a reasonable expense required because of the accident to help with sleep disturbances.