3 total
Application for accident benefits dismissed because the applicant's non-catastrophic policy limits were exhausted.
The applicant was struck by a motor vehicle and sought various medical, rehabilitation, and examination benefits under the Statutory Accident Benefits Schedule.
The respondent denied the benefits on the basis that the applicant's policy limits for non-catastrophic medical and rehabilitation benefits had been exhausted.
The Tribunal found that the applicant had indeed exhausted the $65,000 policy limit under section 18(3)(a) of the Schedule and had not been deemed catastrophically impaired.
Consequently, the Tribunal dismissed the application, finding the applicant was not entitled to the disputed treatment plans or interest.
Arbitrator awards ongoing income replacement and medical benefits, finding applicant completely disabled by chronic pain.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement, housekeeping, and medical benefits.
The insurer terminated benefits, arguing the applicant could return to work and perform housekeeping.
The arbitrator found that the applicant suffered from chronic pain and psychological impairments caused by the accident, rendering her substantially and completely unable to engage in her pre-accident employment as a personal support worker or any suitable alternative employment.
The arbitrator awarded ongoing income replacement benefits, partial housekeeping benefits, and specific medical benefits, while dismissing other claims for lack of evidence.
Employer discriminated by terminating disabled employee after 14 days of medical leave; $18,170 awarded.
The applicant, a store manager, was seriously injured in a car accident and required a medical leave of absence.
The respondent terminated her employment after 14 days, mistakenly believing that the Employment Standards Act permitted termination once the 10 days of unpaid emergency leave were exhausted.
The Tribunal found that the respondent discriminated against the applicant on the basis of disability and failed to accommodate her to the point of undue hardship.
The respondent was ordered to pay $17,000 for injury to dignity, feelings, and self-respect, $1,170 for lost wages, and to undergo human rights training.