William Stuart

The applicant was injured in a motor vehicle accident and sought post-104 week income replacement benefits.

The insurer terminated benefits, arguing the applicant continued to operate his horse farm.

The arbitrator found that the applicant suffered from severe chronic pain and depression, rendering him completely unable to engage in any employment for which he was reasonably suited, including his pre-accident work as a truck driver and farmer.

The arbitrator awarded income replacement benefits at $400 per week, interest on overdue payments, and a $25,000 special award against the insurer for unreasonably terminating benefits without sufficient medical or vocational investigation.

The applicant was injured in a snowmobile accident and sought statutory accident benefits from his insurer.

He claimed housing expenses for winter accommodation on the mainland, a new boat and snowmobile as rehabilitation benefits, and income replacement benefits exceeding the $400 weekly maximum based on business losses.

The arbitrator dismissed the claim for housing expenses, finding it was covered by a prior settlement regarding relocation.

The arbitrator granted the claim for a new boat and snowmobile, accepting medical evidence that they were necessary to reduce impact on the applicant's back and allow him to maintain his business.

The arbitrator dismissed the claim for enhanced income replacement benefits, ruling that the statutory scheme caps benefits at $400 and compensates for actual income loss, not lost economic opportunity or potential profits.