3 total
Insurer improperly attributed non-earner benefits to a second minor accident; benefits restored for a limited period.
The applicant was involved in two motor vehicle accidents.
She received non-earner benefits (NEBs) for the first accident until the insurer terminated them and began paying NEBs at a lower rate for the second accident.
The applicant disputed the termination, arguing her impairments stemmed from the first accident.
The Tribunal found that the second accident merely exacerbated the first accident's impairments and that the applicant continued to suffer a complete inability to carry on a normal life due to the first accident until October 31, 2019.
The Tribunal ordered the insurer to pay NEBs at the higher rate for the period of July 4, 2018 to October 31, 2019, with interest, but declined to order an award for unreasonable delay.
Applicant entitled to income replacement benefits based on tax returns, subject to CPP disability offset.
The Applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) from the Insurer.
The Insurer disputed the quantum of the Applicant's pre-accident self-employment income and argued that Canada Pension Plan (CPP) disability benefits should be deducted from any IRBs payable.
The Arbitrator found that the Applicant's 2014 income tax return and customer list provided sufficient reliable evidence of her pre-accident income.
The Arbitrator also held that the Insurer was entitled to offset potential CPP disability benefits from the IRBs starting 18 months post-accident, as the Applicant had an obligation to apply for them.
The Applicant's claim for a special award was dismissed as the Insurer's conduct was not unreasonable.
Motion by applicant's representatives to be removed as counsel of record granted due to communication breakdown.
The applicant's representatives, Tkatch and Associates, brought a motion to be removed as counsel of record due to a breakdown in communications.
The applicant had been receiving medical treatment in Kuwait and her representatives had been unable to contact her since June 2013.
The arbitrator granted the unopposed motion, removing the firm as solicitors of record and permitting service of the order to the applicant's last known mailing and email addresses.
