Gordon Good

The applicant, a taxi driver, was injured in a motor vehicle accident and sought income replacement benefits (IRBs) and a special award.

The insurer terminated benefits based on a DAC assessment.

At the hearing, the insurer conceded entitlement, leaving the quantum of IRBs and the special award in dispute.

The arbitrator determined the applicant's gross annual income by including employer-paid EI premiums and a 5.5% allowance for tips, but rejected the applicant's claim for unrecorded cash fares due to a lack of corroborating documentation.

The claim for a special award was dismissed, as the insurer reasonably relied on its medical experts in maintaining its denial until the hearing.

The applicant, who was injured in a motor vehicle accident, brought a motion for interim expenses pending the completion of his arbitration hearing for statutory accident benefits.

The arbitrator applied the Bernicky criteria, finding that the applicant raised a bona fide issue, the expenses sought were reasonable and necessary, and the applicant was unable to carry the expenses of the arbitration as he was on social assistance.

The insurer was ordered to pay $8,503.20 in interim expenses.

The appellant was injured in a motor vehicle accident and claimed weekly income benefits for a period of disability related to a shoulder injury.

The arbitrator awarded benefits for a portion of the claimed period but denied benefits from February 2, 1994 to July 21, 1994, finding the appellant was not disabled during that time.

On appeal, the Director's Delegate found that the arbitrator erred in his assessment of the evidence, including the appellant's work duties, his receipt of unemployment insurance benefits, and the medical reports from treating specialists.

The Director's Delegate substituted her own decision, finding the appellant was disabled during the disputed period and entitled to weekly income benefits.

The applicant was injured in a motor vehicle accident and received weekly income benefits until he returned to work.

He later stopped working due to shoulder pain and underwent surgery.

He applied for weekly income benefits for the period he was off work.

The arbitrator found that the accident significantly contributed to the aggravation of his pre-existing shoulder instability.

However, the applicant only proved he was disabled from performing the essential tasks of his employment from July 21, 1994, when his orthopaedic surgeon first examined him, to June 19, 1995, when he returned to work.

The applicant was awarded benefits for that period, along with interest and expenses, subject to a minor reduction for late production of documents.