Pamela Koczerginski

The applicant was struck by a motor vehicle as a pedestrian and claimed statutory accident benefits for an orthopaedic mattress, motorized wheelchair, attendant care, and housekeeping expenses.

The insurer terminated benefits, arguing the applicant's ongoing symptoms were due to a pre-existing dependent personality and inactivity rather than the accident.

The arbitrator found the applicant suffered from reflex sympathetic dystrophy (RSD) triggered by the accident.

The arbitrator awarded the wheelchair rental cost and ongoing attendant care and housekeeping benefits at a reduced rate (50%), reflecting the applicant's pre-existing reliance on his family, but denied the claim for an orthopaedic mattress.

The applicant, a self-employed house painter, was injured in a motor vehicle accident and received statutory accident benefits until July 1993.

He sought ongoing weekly income benefits, claiming he was unable to work due to headaches, dizziness, and musculoskeletal pain.

The arbitrator reviewed extensive medical and functional capacity evidence, concluding that the applicant suffered from soft tissue injuries and physical deconditioning, but was not substantially unable to perform the essential tasks of his employment.

The arbitrator rejected the applicant's claim of chronic pain syndrome, finding it unsupported by the weight of the medical evidence.

Furthermore, the arbitrator held that the insurer was not obligated under section 281(3) of the Insurance Act to pay benefits during a work-hardening program, as the mediator's report did not record a final offer to that effect.

The application for ongoing benefits was dismissed, and the applicant was ordered to repay interim benefits, though he was awarded his reasonable arbitration expenses.