Shelley Hopkins

The Applicant was involved in a motorcycle accident and claimed statutory accident benefits for damaged clothing.

The Insurer offered to pay the full amount but required the damaged articles and a completed application form before releasing the cheque.

The Applicant delayed providing the clothing and forms, leading to a dispute over interest and a special award.

The Arbitrator found that the Applicant was entitled to interest from the date he finally tendered the damaged clothing to the Insurer's adjuster until the date the Insurer paid the principal amount.

The Arbitrator dismissed the claim for a special award, finding the Insurer's conduct was not unreasonable.

The Insurer's request for the return of its arbitration assessment fee was denied, and the Insurer was ordered to pay $250 towards the Applicant's expenses.

The applicant was injured in a motor vehicle accident and received weekly income replacement benefits until the insurer terminated them at the 156-week mark.

The insurer argued the applicant could return to work in a suitable occupation, such as a millwright foreman.

The arbitrator found that the applicant had developed a chronic pain syndrome as a result of the accident, which caused fluctuating symptoms, fatigue, and poor endurance.

Applying the post-156 week test, the arbitrator concluded that the applicant's condition continuously prevented him from engaging in any occupation or employment for which he was reasonably suited, including part-time sedentary work.

The insurer was ordered to pay ongoing weekly income replacement benefits and interest.

The applicant was injured in a rear-end motor vehicle accident and received statutory accident benefits until the insurer terminated them.

She applied for arbitration, seeking ongoing weekly income benefits and medical/rehabilitation benefits.

The arbitrator found that the applicant suffered from chronic pain syndrome and remained disabled from her pre-accident job as an in-store demonstrator, entitling her to weekly benefits up to the 156-week mark.

However, the arbitrator concluded that the applicant was not continuously prevented from engaging in any suitable employment thereafter, and dismissed the claim for post-156 week benefits and further medical/rehabilitation benefits.

The insurer brought a motion to dismiss the insured's application for arbitration and for payment of its $1,000 assessment, arguing the insured's conduct constituted an abuse of process.

The insured's counsel had requested an adjournment but subsequently failed to coordinate a new hearing date or respond to numerous communications from the Commission and the insurer over a six-month period.

The arbitrator found that the unexplained failure to respect the Commission's procedures and respond to inquiries constituted an abuse of process.

However, the arbitrator declined to dismiss the arbitration, instead ordering the insured to pay the insurer's $1,000 assessment as a condition of proceeding with a rescheduled hearing.

The appellant's wife died in a motor vehicle accident.

The insurer paid the appellant a $50,000 death benefit as a surviving spouse, but denied his claim for an additional $20,000 benefit as a dependant.

On appeal, the Director's Delegate held that a surviving spouse is not precluded from also claiming death benefits as a dependant under section 11 of the Statutory Accident Benefits Schedule.

However, the appeal was dismissed because the appellant failed to establish that he was principally dependent for financial support on his wife at the time of the accident.