Theresa McCartney

The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them based on medical assessments indicating he could return to his pre-accident employment as a machine operator.

The arbitrator found that the insurer's assessments relied on a flawed ergonomic report that incorrectly classified the applicant's job as sedentary to light.

The arbitrator accepted the applicant's evidence that his job required significant standing, bending, and lifting, which he could no longer perform for a full shift due to ongoing knee pain and swelling.

The applicant was awarded ongoing income replacement benefits and supplementary medical benefits for physiotherapy, while the insurer's claims for repayment and a special award were dismissed.