Grant Black

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied the benefits, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant applied to the Licence Appeal Tribunal, arguing that pre-existing conditions, psychological impairments, and chronic pain warranted removal from the MIG.

The Tribunal found that the applicant failed to provide compelling medical evidence to support removal from the MIG.

Consequently, the disputed treatment plans were deemed not reasonable and necessary, and the application was dismissed.

The applicant sought statutory accident benefits for chiropractic treatment following a motor vehicle accident.

The respondent denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The matter proceeded to a written hearing, but the applicant failed to file any evidence or submissions.

The Tribunal found that the applicant failed to meet his burden of proving that his injuries warranted treatment beyond the MIG or that the proposed treatment plans were reasonable and necessary.

The application was dismissed.

The respondent's request for costs was also denied, as the applicant's failure to participate did not rise to the level of unreasonable, frivolous, vexatious, or bad faith conduct.

The deceased was killed in a motor vehicle accident.

At the time, she was separated from her husband but not divorced, and they had executed a separation agreement releasing all claims.

Her dependent daughters claimed a supplementary death benefit under the SABS, which the insurer denied on the basis that the separated husband remained a 'spouse' entitled to the primary benefit.

The arbitrator awarded the benefit to the daughters and ordered a special award against the insurer.

On appeal, the Director's Delegate confirmed the death benefit award, finding the separation agreement precluded the husband's claim, but revoked the special award because the insurer's position was based on a reasonable interpretation of a novel legal issue.

The applicant sought statutory accident benefits following a motor vehicle accident.

During the arbitration process, the insurer failed to have a representative attend a mandated pre-hearing discussion, resulting in the discussion being rescheduled.

The applicant sought $125 for expenses thrown away due to the adjournment.

The arbitrator found that the insurer's failure to have a principal participate frustrated the purpose of the pre-hearing discussion and ordered the insurer to pay $125 in legal expenses pursuant to subsection 282(11.1) of the Insurance Act.

The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them, claiming she was no longer disabled.

The applicant sought ongoing benefits and vocational training costs.

The arbitrator found that the applicant's ongoing difficulties were related to pre-existing physical and psychiatric conditions, including paranoid delusions, and an unrelated subsequent ankle fracture, rather than the motor vehicle accident.

The medical evidence supporting her claim was rejected as flawed or incomplete.

The application for ongoing income replacement benefits and vocational training was dismissed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including weekly income benefits and the cost of physiotherapy and transportation.

The insurer denied benefits, arguing that the applicant's disabilities arose from a previous work-related injury for which she was receiving WCB benefits.

The arbitrator found that the applicant's pre-existing back injury was the principal cause of her inability to work, and dismissed the claim for weekly income benefits.

However, the arbitrator found it was reasonable for the applicant to undergo an initial 12-week physiotherapy program to alleviate neck symptoms, and ordered the insurer to pay for those treatments and associated transportation costs.

The applicant was awarded 50 percent of her arbitration expenses.

The applicant was injured in a motor vehicle accident while participating in a workers' compensation retraining program.

He claimed ongoing weekly income benefits under section 12 or 13 of the Statutory Accident Benefits Schedule.

The arbitrator found that the applicant was not employed by the Workers' Compensation Board and did not qualify under section 12.

However, the arbitrator concluded that the applicant suffered a substantial inability to perform his essential tasks as a student due to chronic pain and reflex sympathetic dystrophy, entitling him to ongoing benefits under section 13.

The claim for a special award was dismissed for lack of jurisdiction as it had not been mediated.

The Applicant was injured in a motor vehicle accident and received statutory accident benefits until the Insurer terminated them.

The Applicant applied for arbitration to reinstate weekly benefits, claim medical and rehabilitation expenses, and seek a special award.

The Arbitrator found no jurisdiction to determine the medical and rehabilitation benefits as they were not raised at mediation.

The Arbitrator held that the Applicant was substantially unable to perform her pre-accident essential tasks until the 156-week mark, entitling her to weekly benefits until December 12, 1994.

The claim for a special award was dismissed because the Insurer's termination of benefits, while incorrect, was not arbitrary or capricious.

The applicant sought statutory accident benefits, claiming she was a passenger in a vehicle struck by a truck.

The insurer denied the claim on the basis that she was not an occupant of the vehicle.

At the arbitration hearing, the arbitrator found the evidence of the police officer and the truck driver, who testified they saw no one else in the vehicle, more credible than the applicant and her witnesses.

The arbitrator concluded the applicant was not an occupant of the vehicle, dismissed her claim as an abuse of process, and ordered her to pay $2,000 in expenses to the insurer.

The Applicant was injured in a motor vehicle accident and received weekly income benefits until the Insurer terminated them, claiming she was no longer substantially unable to perform the essential tasks of her occupation.

The Applicant, a self-employed vocal teacher, sought benefits for an additional period.

The arbitrator found that while the Applicant continued to experience pain and discomfort, it did not substantially interfere with her ability to perform the essential tasks of her part-time occupation as a vocal teacher.

The claim for weekly income benefits was dismissed, but the Applicant was awarded her arbitration expenses.

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

She subsequently claimed weekly income benefits for a period following surgery for an umbilical hernia, alleging the hernia was caused by physiotherapy for her accident-related injuries.

She also claimed ongoing housekeeping expenses.

The arbitrator dismissed both claims, finding insufficient expert evidence to link the hernia to the accident and concluding the applicant failed to prove she required ongoing housekeeping assistance due to the accident.

The applicant was awarded her arbitration expenses.

The applicant was injured in a motor vehicle accident and applied for weekly and childcare benefits under the No-Fault Benefits Schedule.

The insurer denied the benefits, arguing that the applicant's disability resulted from a previous workplace injury.

The arbitrator found the applicant lacked credibility due to inconsistencies between his testimony and prior statements regarding his pre-accident activities.

Relying on medical reports indicating that the applicant's post-accident condition was substantially the same as his pre-accident condition and that his disability was largely psychogenic, the arbitrator concluded the applicant failed to prove he was substantially unable to perform his essential tasks as a result of the accident.

The claims for weekly and childcare benefits were dismissed, but the applicant was awarded his arbitration expenses.