Leonard Kunka

The applicant was injured in a motor vehicle accident and submitted an Application for Accident Benefits along with a Disability Certificate that marked non-earner benefits (NEBs) as 'N/A'.

The insurer purported to terminate NEBs in December 2006.

The applicant applied for mediation more than two years later.

The insurer argued the claim was statute-barred.

The arbitrator held that the limitation period was not triggered because the applicant had not submitted a completed application for NEBs at the time of the purported denial.

The applicant was therefore not precluded from proceeding to arbitration.

The appellant appealed an arbitrator's decision denying her weekly income and dependent care benefits following a motor vehicle accident.

She requested an oral rehearing, a referral to the Medical and Rehabilitation Advisory Panel, and a reinstatement of benefits, arguing the arbitrator misapplied the test for 'substantial inability' to perform essential tasks as a homemaker.

The Director of Arbitrations dismissed the appeal, finding no grounds to order a rehearing or a medical referral.

The Director upheld the arbitrator's conclusion that while the appellant experienced pain and her tasks took longer, she did not suffer a substantial inability to perform her essential tasks.

The appellant was awarded her expenses for the appeal.

The applicant was injured in a motor vehicle accident and claimed ongoing weekly benefits, supplementary medical and rehabilitation expenses, and a special award under the Insurance Act.

The arbitrator found that while the applicant experienced pain and her ability to perform her essential tasks as a home-maker and mother was limited, she did not suffer a 'substantial inability' to perform those tasks as required by the No-Fault Benefits Schedule.

The claim for ongoing weekly benefits was dismissed.

The insurer agreed to pay most of the supplementary medical and rehabilitation expenses, and the arbitrator remained seized of one disputed invoice.

The claim for a special award was dismissed as the insurer did not unreasonably withhold benefits.

The applicant was awarded her expenses for the arbitration.