Dr. R.A. Haliburton

The applicant, a 62-year-old labourer with a grade three education, was struck by a motor vehicle and suffered multiple injuries, including fractured ribs and a head injury.

He applied for ongoing weekly income benefits under section 12(5)(b) of the Statutory Accident Benefits Schedule after the insurer terminated them.

The arbitrator found that the applicant suffered from post-concussion syndrome and chronic disabling pain resulting from the accident.

Given his age, limited education, poor English skills, and physical limitations, the arbitrator concluded that the applicant was continuously prevented from engaging in any suitable occupation or employment.

The insurer was ordered to pay weekly income benefits of $536.75 from May 5, 1994 onwards, plus interest and expenses.

The Applicant, a farmer, was injured in a motor vehicle accident and claimed ongoing weekly income benefits after the Insurer terminated them.

The Insurer argued the Applicant was no longer substantially disabled and that a $1,500 payment from his father should be deducted as post-accident income.

The Arbitrator found the Applicant was substantially disabled from performing the essential heavy tasks of farming, such as driving a tractor and lifting machinery, supported by medical evidence.

The Arbitrator also held the $1,500 payment was a gift or loan, not earned income, and therefore not deductible.

The Applicant was awarded ongoing benefits and expenses.

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

The Applicant applied for arbitration, claiming ongoing entitlement to weekly income benefits.

The Insurer relied on video surveillance and medical reports indicating the Applicant had recovered and was capable of returning to work.

The Arbitrator found that the Applicant's injuries had sufficiently healed by the termination date, noting that his reluctance to return to work was due to job dissatisfaction rather than physical disability.

The claim for ongoing benefits was dismissed, but the Applicant was awarded the expenses of the arbitration.

The applicant was injured in a motor vehicle accident when she was struck by a car as a pedestrian, sustaining knee injuries.

The insurer terminated her weekly income benefits after approximately 20 months.

The applicant sought ongoing benefits, arguing she was substantially unable to perform the essential tasks of her pre-accident employment as a fast-food restaurant assistant manager.

The arbitrator found that while the applicant had some limitations with heavy lifting and repetitive crouching, she could perform the great majority of her essential tasks without difficulty.

The application for ongoing weekly income benefits and a special award was dismissed, though the applicant was awarded her arbitration expenses.

The applicant was involved in two motor vehicle accidents in October 1990 and received weekly income benefits until April 1991.

He applied for arbitration after the insurer terminated his benefits, claiming he remained substantially unable to perform the essential tasks of his pre-accident employment as a security guard due to chronic pain.

The arbitrator found that the applicant's job was not physically demanding and that the medical evidence, including surveillance video, did not support a finding of substantial inability to work.

The claim for ongoing weekly income benefits was dismissed, but the applicant was awarded his arbitration expenses.