Dr. R. Yufe

The applicant was injured in a motor vehicle accident and sought income replacement benefits after the respondent terminated them.

The applicant, a personal support worker, returned to work on modified duties and reduced hours.

The Tribunal found that the applicant suffered soft tissue injuries to her cervical and lumbar spine, rendering her substantially unable to perform the physically demanding essential tasks of her pre-accident employment.

The Tribunal ordered the respondent to pay the income replacement benefits with interest, but declined to award costs as the applicant failed to provide evidence of unreasonable conduct by the respondent.

The appellant insurer sought to appeal an arbitrator's preliminary decision which found that the respondent insured had sustained a catastrophic impairment following a motor vehicle accident.

The arbitrator based this finding on the respondent's Glasgow Coma Scale scores of 9 and a diagnosis of concussion, applying the binding legal test that the severity of the brain injury is irrelevant if the statutory GCS criteria are met.

The Director's Delegate rejected the interlocutory appeal, finding no strong grounds to depart from established case law and concluding that the most efficient resolution was to defer any appeal until all issues in the arbitration were finally decided.

The Delegate also refused to stay the arbitrator's order, noting the hardship a stay would cause the respondent whose minor injury benefits had been exhausted.

The applicants, a husband and wife, were injured in a rear-end motor vehicle collision and received weekly statutory accident benefits for three years.

The insurer terminated benefits on the basis that neither applicant met the stricter post-156 week disability tests.

The arbitrator found that the wife's pre-existing degenerative disc disease was aggravated by the accident, causing a herniation, but that she was not continuously prevented from engaging in substantially all of her normal activities, as evidenced by surveillance and her continued volunteer work.

The husband, who had significant pre-existing back problems, claimed ongoing disability from chronic pain syndrome.

The arbitrator dismissed his claim for ongoing benefits, noting he had returned to work briefly, played golf frequently, and his psychological evidence was inconsistent.

The arbitrator did order the insurer to pay a shortfall in the husband's pre-termination benefits based on an accountant's calculation, but denied a special award.