Mark Baker

The applicant sought her expenses for an arbitration hearing and the subsequent hearing on expenses, despite being unsuccessful in her claim for weekly statutory accident benefits.

The insurer argued that its offer to settle and the applicant's conduct should preclude an award of expenses.

The arbitrator found that the applicant's claim was not unreasonable and that her conduct did not disqualify her from entitlement to expenses.

The arbitrator emphasized the importance of accessibility to the dispute resolution system and awarded the applicant her expenses.

The applicant sought statutory accident benefits following an alleged motor vehicle accident.

The insurer denied the claim, arguing the accident did not occur as described and the applicant suffered no injuries.

The arbitrator found that while the arbitration application was not time-barred, the applicant had no reasonable excuse for filing her benefits application late.

Furthermore, based on expert engineering evidence, inconsistencies in witness statements, and the applicant's lack of credibility, the arbitrator concluded the applicant did not sustain injuries in the alleged accident and was pursuing a fraudulent claim.

The application for benefits was dismissed.

The applicant was injured in two motor vehicle accidents in 1993 and received statutory accident benefits until the insurer terminated them in January 1997.

The applicant sought ongoing weekly non-earner benefits, arguing that chronic pain and psychological factors continuously prevented her from engaging in substantially all of her pre-accident activities.

The arbitrator reviewed medical evidence from various experts, noting that while the applicant suffered from chronic pain and depression, her physical injuries had healed and she maintained normal muscle bulk, indicating a higher level of activity than she perceived.

The arbitrator concluded that the applicant did not meet the stringent post-156 week test under subsection 13(8)(b) of the Schedule, as her impairment did not continuously prevent her from engaging in substantially all of her former activities.

The application for weekly benefits was dismissed.

The appellant was injured in a motor vehicle accident in the course of his employment.

He initially received statutory accident benefits, then elected to receive workers' compensation benefits, and later re-elected to pursue a tort action and re-applied for accident benefits.

The arbitrator held that the appellant did not meet the conditions for receipt of statutory accident benefits under section 21 of the Statutory Accident Benefits Schedule because he had already received workers' compensation benefits.

The Director's Delegate dismissed the appeal, confirming that the appellant was excluded from receiving further accident benefits.

The Delegate also rejected the appellant's argument that a binding settlement had been reached, finding that the insurer's settlement offer expired when the arbitrator's decision was issued.

The appellant insurer appealed an arbitration decision finding that future economic loss (FEL) benefits received by the respondent under the Workers' Compensation Act were not deductible from his income replacement benefits under the Statutory Accident Benefits Schedule (SABS).

The Director's Delegate dismissed the appeal, upholding the arbitrator's finding that FEL benefits do not fall within the definition of 'temporary disability benefits' under the SABS and are therefore not deductible.

The Applicant was injured in a motor vehicle accident and initially received weekly income benefits from his motor vehicle insurer.

He subsequently elected to receive workers' compensation benefits, and the insurer was reimbursed.

After his workers' compensation benefits ceased, he reapplied for weekly income benefits from the insurer.

The arbitrator held that the Applicant was not entitled to re-elect and receive further interim benefits under section 21 of the Schedule, as he had already received workers' compensation payments and could no longer make a meaningful assignment of benefits to the insurer.