D. Kevin Davis

The insurer applied to vary an arbitration order, arguing the arbitrator erred by refusing to deal with the deductibility of the insured's Canada Pension Plan (CPP) disability benefits and the insurer's claim for repayment of benefits.

The Director of Arbitrations found that the arbitrator erred in concluding that no repayment was sought by the insurer, as the record showed the insurer had raised the issue of deductibility for both past and future benefits.

The application to vary was granted, and the issues of CPP deductibility and repayment were remitted for adjudication.

The Applicant was injured in a motor vehicle accident and received weekly disability benefits until September 28, 1991.

He applied for ongoing weekly benefits, claiming a substantial inability to perform his essential tasks due to chronic pain in his neck, shoulder, and arm.

The arbitrator reviewed medical evidence and surveillance video showing the Applicant performing strenuous physical activities, such as lifting heavy wooden skids, without apparent difficulty.

The arbitrator concluded the Applicant failed to establish a substantial inability to perform his normal tasks and denied ongoing benefits.

The arbitrator also held that the Applicant's pre-existing permanent workers' compensation pension was not a payment for loss of income and therefore not deductible from no-fault benefits.

The Applicant was awarded his arbitration expenses.

The appellants appealed the decision of the Identification, Placement and Review Committee to place their child, who has severe cerebral palsy and developmental delays, in a segregated school for trainable retarded pupils.

The appellants sought placement in a regular Grade 8 class with a teacher's aide to maximize integration.

The Board argued that the child's severe needs required the intensive one-to-one support available only in a specialized setting.

The Tribunal dismissed the appeal, finding that the child's functional level precluded regular class placement, and directed that the child be placed in a class for trainable retarded pupils located within a regular public school.