Ms Marlene Levy

The applicant, a self-employed hairstylist, was injured in a motor vehicle accident and sought statutory accident benefits.

The insurer terminated his income replacement and housekeeping benefits.

The arbitrator found that the insurer's termination of the income replacement benefit was fatally flawed because it relied on a functional abilities evaluation that had not actually been conducted at the time of termination.

The applicant was awarded pre-104 week income replacement benefits, as his chronic pain substantially disabled him from performing the essential tasks of his employment, though he did not meet the post-104 week test of complete inability to engage in any suitable employment.

The arbitrator also awarded housekeeping and home maintenance benefits, the cost of an in-home assessment, and a special award of $2,000 against the insurer for unreasonably relying on the flawed termination notice.