Dr. M.S. Macartney-Filgate

The applicant was injured in a motor vehicle accident and, two weeks later, was assaulted and robbed at her workplace.

She claimed ongoing statutory accident benefits, arguing her disability stemmed from the car accident, while the insurer argued her ongoing issues were caused by the robbery.

The arbitrator found that both events significantly contributed to her condition, satisfying the causation requirement for accident benefits.

The applicant was awarded weekly income benefits for the first 156 weeks, as she was substantially disabled from her pre-accident employment.

However, she was denied benefits beyond 156 weeks because she was capable of engaging in suitable alternative employment.

The insurer was granted a credit for W.C.B. benefits the applicant received.

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

She applied for ongoing weekly income benefits, arguing she suffered from post-concussion syndrome and a brain injury that prevented her from working.

The insurer argued her inability to work was due to pre-existing psychological conditions and post-accident life events.

The arbitrator found that the accident materially contributed to her disability, exacerbating a pre-existing personality disorder, and that she was continuously prevented from engaging in suitable employment.

The arbitrator also ordered a $5,000 special award against the insurer for unreasonably terminating and withholding benefits based on a cursory neurological report while ignoring numerous other medical recommendations.