Mr. Balaban

The applicant sought an income replacement benefit (IRB) following a motor vehicle accident, claiming he was substantially unable to perform the essential tasks of his pre-accident employment as a warehouse manager.

The respondent denied the benefit.

The Tribunal found that the applicant's injuries from the minor collision had resolved within a few months and that his ongoing pain was attributable to a pre-existing degenerative back condition rather than the accident.

The Tribunal concluded the applicant failed to prove a substantial inability to perform his employment tasks and dismissed the application for the IRB, along with claims for an award and interest.

The applicant sought his expenses of the arbitration after being granted income replacement benefits but denied other claims.

The insurer sought reimbursement of its expenses, arguing the applicant prolonged and obstructed the process.

The arbitrator found no evidence of delay or obstruction by the applicant and noted his modest success entitled him to a modest recovery of expenses.

The arbitrator applied a ratio method to reduce the claimed legal fees and disallowed or reduced several disbursements, including rejecting an expert report that violated the expert's duty to the Tribunal.

The insurer was ordered to pay the applicant $18,918.77 for his arbitration expenses.