Jack S. Shinehoft

The applicant was injured in a motor vehicle accident and received income replacement benefits from her automobile insurer, Coseco, as well as long-term disability benefits from London Life through her employer.

Coseco deducted the London Life benefits from the income replacement benefits.

The applicant disputed this deduction, arguing the matter was not settled at mediation and the deduction was unfair.

The arbitrator found that the London Life policy qualified as an income continuation plan under section 7(1) of the Statutory Accident Benefits Schedule, as it provided income security for loss of wages and was tied to her earnings.

Therefore, Coseco was entitled to deduct the collateral benefits.

Each party was ordered to bear their own costs.

The applicant was injured in a motor vehicle accident and received weekly benefits of $185 as an unemployed person.

He applied for arbitration, claiming he had a legitimate offer of employment at the time of the accident and was entitled to $600 per week.

The arbitrator found the applicant and his prospective employer lacked credibility and concluded there was no legitimate offer of employment at the time of the accident.

The application for increased benefits and expenses was dismissed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits to purchase a new, 'safe' vehicle to treat her severe car phobia, which had been exacerbated by the accident.

The insurer refused to fund the vehicle purchase.

The arbitrator found that while the applicant suffered a serious psychological injury that aggravated a pre-existing condition, the insurer's rehabilitation obligations did not extend to purchasing a new vehicle.

The insurer was only required to return the applicant to her pre-accident state, at which time she was already suffering from car phobia and had not been provided a new vehicle.

The claim for a vehicle was dismissed, but the applicant was awarded her arbitration expenses.