Joseph Corriero

The applicant was injured in a motor vehicle accident and sought statutory accident benefits beyond the $3,500 limit prescribed by the Minor Injury Guideline (MIG).

The applicant claimed that chronic pain and psychological conditions, including adjustment disorder and post-traumatic stress, took his injuries outside the MIG.

The arbitrator found the applicant to be an unreliable historian who exaggerated his pain and functional limitations.

Relying on medical evidence that the applicant's psychological issues were clinically insignificant and his physical injuries were predominantly soft tissue strains, the arbitrator concluded the injuries fell within the MIG.

All claims for additional medical benefits, assessments, and a special award were dismissed.

The applicant sought a special award in an arbitration for statutory accident benefits, but the insurer prevailed.

The parties could not agree on expenses.

The arbitrator applied the criteria under section 12 of Regulation 664 and found the insurer was entitled to its expenses.

The arbitrator awarded the insurer $5,738.05, calculating the fees based on Legal Aid Rates and allowing for two days of hearing and preparation, noting the hearing was prolonged by the inexperience of the applicant's representatives.

The applicant was injured in a motor vehicle accident and sought accident benefits.

The parties settled the claims for income replacement and medical benefits, leaving only the issue of whether the applicant was entitled to a Special Award under s. 282(10) of the Insurance Act for the insurer's initial denial of benefits.

The arbitrator found that the insurer acted reasonably at all relevant times based on the medical information available, which supported a theory that the applicant's impairments were due to pre-existing degenerative disc disease rather than the accident.

The claim for a Special Award was dismissed.

The applicant, who sustained a catastrophic impairment including a traumatic brain injury in a motor vehicle accident, sought various medical and rehabilitation benefits under the Statutory Accident Benefits Schedule.

The insurer denied several treatment plans for physiotherapy, occupational therapy, speech-language therapy, and a multi-disciplinary residential program in the United States.

The arbitrator found that the insurer improperly relied on outdated or flawed assessor reports and failed to give adequate weight to the objective evidence of the applicant's treating professionals.

All disputed treatment plans were found to be reasonable and necessary, and the applicant was awarded the claimed benefits with interest.