2 total
Application for catastrophic impairment designation dismissed as whole person impairment was assessed at 28%.
The applicant sought a determination that she was catastrophically impaired following a motor vehicle accident, claiming marked or extreme impairment due to a mental or behavioural disorder, or alternatively, a 55% or more whole person impairment (WPI).
The arbitrator found that the applicant did not suffer a marked or extreme mental or behavioural impairment.
After evaluating conflicting medical evidence regarding her physical and cognitive injuries, the arbitrator assessed her combined WPI at 28%, well below the 55% threshold.
The applicant was awarded $6,000 for the costs of catastrophic assessments, but her claims for attendant care benefits were dismissed.
The insurer was awarded its arbitration expenses.
Self-employed taxi driver's uncorroborated cash records insufficient to prove income above statutory minimum for accident benefits.
The applicant, a self-employed taxi driver, was injured in a motor vehicle accident and claimed statutory accident benefits.
A dispute arose regarding the calculation of her pre-accident gross weekly income, as she operated on a cash basis and did not file tax returns.
The arbitrator found that the applicant's uncorroborated testimony and self-created trip sheets for only one week were insufficient to prove an income higher than the deemed minimum.
Consequently, her weekly income benefits were set at the minimum of $185.60.
The insurer's claim for repayment of benefits previously paid at a higher rate was dismissed, as the insurer failed to prove the payments were made through error or fraud.
