Viivi Riis

The applicant, who sustained catastrophic impairments in a motor vehicle accident, sought interim attendant care benefits for a period of hospitalization and interest on overdue attendant care benefits.

The arbitrator dismissed the claim for interim benefits, finding that the applicant failed to establish a prima facie case, urgency, or a blatant disregard for the Insurance Act by the insurer.

However, the arbitrator ordered the insurer to pay interest on previously agreed attendant care benefits, as the payment was overdue.

The applicant was injured in a minor motor vehicle accident and received statutory accident benefits until December 1993.

She sought ongoing weekly income benefits, claiming she was substantially unable to perform her pre-accident job as a Client Service Officer due to fibromyalgia and depression.

The arbitrator dismissed the claim for ongoing benefits, finding no objective signs of disability, noting the minor nature of the accident, and relying on surveillance evidence and the applicant's undisputed ability to work part-time.

The arbitrator awarded the applicant her arbitration expenses, finding the claim was not frivolous or vexatious.