Ian Kirby

In a supplementary decision, the arbitrator determined whether the insurer was entitled to interest on a previously ordered overpayment of $14,086.40 and whether the insurer could set off the applicant's arbitration expenses against that overpayment.

The arbitrator held that the insurer was entitled to interest from the date of the original arbitration decision, as no prior notice of interest was given.

Furthermore, the arbitrator allowed the insurer to set off the applicant's expenses against the overpayment, finding that the legislation authorizes orders that respond to the mixed success of the parties.

The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer.

The insurer terminated benefits, and the applicant sought arbitration, claiming he had a legitimate offer of employment prior to the accident that would entitle him to higher benefits.

The arbitrator found that the applicant and his witness fabricated the employment offer and related evidence.

The applicant was only entitled to the minimum weekly benefit, resulting in an overpayment of $16,108.80, which he was ordered to repay.

The arbitrator also found the arbitration to be frivolous and vexatious, denied the applicant's expenses, and ordered him to pay the insurer's $1,000 assessment fee.

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.

The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer until the insurer stopped payments, alleging an overpayment.

The applicant sought arbitration to reinstate benefits and determine the proper quantum.

The arbitrator found that the applicant suffered only soft tissue injuries and, relying on surveillance evidence and orthopaedic opinion, concluded he was not substantially unable to perform his pre-accident employment.

The arbitrator also found the applicant failed to prove his pre-accident income exceeded the minimum threshold.

Consequently, the arbitrator ordered the applicant to repay $14,086.40 in overpaid benefits, as the overpayment resulted from error or fraud regarding his income.

The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer until they were terminated.

The applicant disputed the termination and applied for arbitration.

At the hearing, the applicant's representative requested an adjournment, which was denied due to a lack of reasonable grounds and a history of uncooperative behaviour, including failing to attend a pre-hearing discussion and medical examinations.

The applicant withdrew from the hearing.

The arbitrator heard evidence from the insurer, including medical reports indicating the applicant was exaggerating his disability.

The arbitrator dismissed the applicant's claim for ongoing benefits and denied his request for arbitration expenses.

The applicant was injured in two motor vehicle accidents.

He received accident benefits from Allstate for the first accident and applied for benefits from Zurich for the second accident.

Zurich failed to respond to the arbitration application or pay the assessment fee, and the hearing proceeded without them.

Zurich later moved to re-open the hearing, citing inadvertence.

The arbitrator dismissed the motion to re-open, finding Zurich's conduct amounted to negligence and re-opening would prejudice the applicant.

The arbitrator awarded the applicant weekly income benefits of $185.60 and medical/rehabilitation benefits of $1,649.80 based on his uncontested evidence.

The claim for a special award was dismissed as there was insufficient evidence to find Zurich acted unreasonably beyond its failure to participate.

The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them.

The applicant sought ongoing benefits, claiming a substantial inability to perform the essential tasks of his employment as a vegetable produce trimmer due to low back pain.

The arbitrator reviewed medical evidence and surveillance footage showing the applicant performing strenuous physical activities, such as shovelling heavy snow and rolling a steel drum.

The arbitrator concluded that the applicant's injuries had resolved sufficiently by September 16, 1991, to allow him to return to his pre-accident employment.

Ongoing benefits were denied after that date, but the applicant was awarded arbitration expenses.