Dr. R.H.N. Fielden

The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits, including income replacement benefits, housekeeping benefits, and the cost of a multidisciplinary assessment.

The insurer terminated income replacement and housekeeping benefits shortly after the accident.

The arbitrator found that the applicant suffered significant soft-tissue injuries that developed into chronic pain and fibromyalgia, rendering her substantially unable to perform her pre-accident physically demanding job as a product demonstrator, and completely unable to engage in alternative employment.

Income replacement benefits were reinstated.

However, the claim for housekeeping benefits was dismissed, as the evidence showed the applicant retained essential independence in her household tasks, albeit at a slower pace.

The arbitrator also approved the cost of the multidisciplinary assessment, finding it reasonable and necessary given the applicant's complex psycho-physical presentation, and awarded interest on overdue amounts.

The applicant was injured in a motor vehicle accident in August 2005.

Nine months later, she suffered severe disc herniations resulting in a cauda equina-like syndrome and a conversion disorder.

The insurer denied ongoing income replacement and attendant care benefits, arguing the disc herniations were not causally related to the accident.

The arbitrator found that the accident materially contributed to the disc herniations and the subsequent conversion disorder.

However, the arbitrator concluded the applicant was not catastrophically impaired, as her combined physical (21%) and mental/behavioural (28%) whole person impairment rating was 43%, falling short of the 55% threshold.

The applicant was awarded an ongoing income replacement benefit and attendant care benefits capped at $3,000 per month for the 104-week period following the accident.

The applicant was injured in a motor vehicle accident while riding his bicycle.

The insurer paid income replacement benefits for 104 weeks but terminated them, arguing the applicant did not meet the more stringent test of complete inability to engage in suitable employment.

The arbitrator found the applicant, who was functionally illiterate in English and had a history of heavy physical labour, suffered from chronic pain and psychological impairments caused by the accident.

The arbitrator rejected the insurer's expert evidence that the applicant was malingering, finding instead that he was completely disabled from working.

The applicant was awarded ongoing income replacement benefits.

However, his claim for a multidisciplinary pain management program was dismissed as he failed to prove it was reasonable and necessary, given a previous similar program had not yielded further recovery.