Dr. Morris Charendoff

The applicant, who suffered from secondary progressive multiple sclerosis, was injured in a motor vehicle accident when she was knocked to the ground by a reversing truck.

She applied for statutory accident benefits, claiming the accident accelerated her deterioration and caused a complete inability to carry on a normal life.

The arbitrator found that while the accident caused a short-term exacerbation of her symptoms, it did not materially contribute to her long-term impairments or continuously prevent her from engaging in substantially all of her pre-accident activities.

Claims for non-earner benefits and assistive devices were dismissed, but the cost of two assessments was awarded as they were reasonably incurred.

The applicant sought income replacement and supplementary medical benefits following a 1994 motor vehicle accident.

The insurer terminated benefits, arguing the applicant could return to his pre-accident employment as a shipper/receiver.

The arbitrator found that the applicant suffered only soft-tissue injuries, not a cervical disc herniation, and that these injuries did not substantially disable him from his essential tasks.

The applicant's credibility was severely undermined by his failure to disclose pre-existing injuries, inconsistent symptom reporting, and surveillance evidence.

The insurer's claim for repayment of benefits due to undisclosed workers' compensation benefits was dismissed because the WCB benefits were permanent, not temporary.

The applicant's claims were dismissed, but he was awarded half his arbitration expenses.