Giulia Falbo Ahmadi

The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, including weekly income benefits and housekeeping expenses.

The insurer terminated benefits, arguing the applicant was misrepresenting her symptoms and was capable of working.

The arbitrator found that the applicant suffered from post-traumatic stress disorder and chronic pain syndrome resulting from the accident, which substantially disabled her from performing the essential tasks of her employment in her husband's business until August 15, 1994.

The arbitrator awarded weekly income benefits up to that date, as well as housekeeping expenses, but denied the claim for holiday expenses.

The Applicant was injured in a motor vehicle accident and received statutory accident benefits until the Insurer terminated her weekly income benefits.

The Insurer argued she lacked motivation to participate in rehabilitation and preferred collecting benefits to working.

The arbitrator found that the Applicant suffered from depression and chronic pain syndrome resulting from the accident, which prevented her from returning to her pre-accident employment as a cashier and cleaner.

The arbitrator concluded the Applicant suffered a substantial inability to perform the essential tasks of her employment and was entitled to ongoing weekly income benefits under section 12(1) of the Schedule.

The applicant was injured in a motor vehicle accident and received weekly benefits until they were terminated on May 31, 1991.

She applied for arbitration on September 13, 1993.

The insurer raised a preliminary issue that the application was barred by the two-year limitation period under s. 281(5) of the Insurance Act.

The arbitrator found that the insurer's letter of May 6, 1991, clearly and unequivocally communicated the refusal to pay benefits after May 31, 1991.

The insurer's subsequent conduct in reconsidering the claim did not estop it from relying on the limitation period.

The application for arbitration was dismissed as statute-barred.