Stanley Pasternak

The applicant sought an assessment of expenses following an arbitration order granting him his expenses.

The insurer argued that payment should be delayed pending an appeal and that the legal fees claimed were unreasonable.

The arbitrator held that the original order remained in full force and effect because the insurer had not requested a stay pending appeal.

The arbitrator also found that the 50.75 hours of legal work claimed by the applicant's counsel were reasonable given the complexity of the case and the duration of the hearing.

The insurer was ordered to pay the expenses forthwith.

The applicant was injured in a motor vehicle accident in February 1993, his fourth accident in two years.

He applied for statutory accident benefits, and the insurer terminated his weekly income benefits in July 1993.

The arbitrator found that the accident materially contributed to the applicant's disability but concluded that the effects of the accident had resolved by October 13, 1993.

The arbitrator determined the correct quantum of weekly benefits by averaging the applicant's pre-accident income over 52 weeks, rather than just the weeks worked.

The applicant was ordered to repay collateral benefits received from a disability policy, but was not required to repay the insurer's overpayment of weekly benefits because the error was the insurer's.

The applicant was awarded his expenses of the arbitration.

The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them.

The applicant sought arbitration for continued benefits, claiming she remained substantially unable to perform the essential tasks of her employment as a store manager.

The arbitrator found the applicant's evidence unreliable and preferred the results of a functional capacity evaluation which indicated she was capable of returning to work.

The arbitrator concluded the applicant was not substantially disabled and dismissed the claim for further income benefits, but awarded the applicant her expenses for the arbitration.

The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer until they were terminated.

The applicant sought reinstatement of benefits, arguing he was either on a temporary lay-off or employed for 180 days in the twelve months preceding the accident.

The insurer argued the applicant did not qualify and sought repayment of benefits previously paid, alleging the applicant misrepresented his employment status.

The arbitrator found that the applicant retained his employment status while receiving workers' compensation benefits, thus satisfying the 180-day employment requirement.

The arbitrator also found the applicant did not knowingly misrepresent his status, dismissing the insurer's claim for repayment.

The applicant was awarded reinstatement of weekly income benefits and arbitration expenses.