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Applicant awarded accident benefits for 156 weeks; ongoing disability attributed to subsequent workplace assault.
The applicant was injured in a motor vehicle accident and, two weeks later, was assaulted and robbed at her workplace.
She claimed ongoing statutory accident benefits, arguing her disability stemmed from the car accident, while the insurer argued her ongoing issues were caused by the robbery.
The arbitrator found that both events significantly contributed to her condition, satisfying the causation requirement for accident benefits.
The applicant was awarded weekly income benefits for the first 156 weeks, as she was substantially disabled from her pre-accident employment.
However, she was denied benefits beyond 156 weeks because she was capable of engaging in suitable alternative employment.
The insurer was granted a credit for W.C.B. benefits the applicant received.
Claim for post-156 week income benefits dismissed as surveillance and psychological evidence showed applicant could work.
The applicant was injured in a motor vehicle accident and received statutory accident benefits, including weekly income benefits, for three years.
The insurer terminated benefits after 156 weeks.
The applicant sought ongoing benefits under section 12(5)(b) of the Schedule, claiming chronic pain and sciatica prevented her from working.
The arbitrator found that surveillance evidence and psychological assessments contradicted the applicant's claims of severe pain and inability to work.
The arbitrator concluded the applicant was exaggerating her symptoms and was physically and psychologically capable of resuming office work.
The claim for ongoing weekly benefits was dismissed, but the applicant was awarded the expenses of the arbitration.
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