Gregg Heckel

The applicant was injured in a motor vehicle accident and claimed ongoing caregiver benefits, housekeeping expenses, psychological counselling, and a special award after the insurer terminated her benefits.

The arbitrator found that the applicant suffered a substantial inability to perform caregiver tasks due to physical and psychological impairments until her condition stabilized in January 1999, awarding caregiver benefits for that period.

The arbitrator also awarded a nominal amount for housekeeping expenses and an $8,000 special award, finding the insurer unreasonably terminated psychological counselling and vocational retraining benefits without a reasonable basis.

The applicant was injured in a motor vehicle accident and sought various supplementary medical and rehabilitation benefits, a special award, and arbitration expenses.

The arbitrator held that issues not previously mediated could not be raised without the insurer's consent.

The claims for transportation, medication, orthopaedic shoes, and home maintenance expenses were dismissed because the applicant failed to sufficiently substantiate that they were reasonably and necessarily required as a result of the accident.

The claims for a special award and arbitration expenses were also dismissed.

The applicant was involved in a motor vehicle accident and applied for statutory accident benefits.

The insurer refused to pay income replacement benefits, alleging the applicant made a material misrepresentation regarding the ownership and use of the insured vehicles, relying on section 58(3)(a) of the Statutory Accident Benefits Schedule.

The arbitrator found that while misrepresentations were initially made, subsequent amendments to the policy prior to the accident rendered them immaterial to the risk at the time of the accident.

The insurer was therefore not entitled to rely on the exclusion to deny benefits.