Victoria Fraser

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

The parties settled the substantive issues prior to the arbitration hearing but could not agree on expenses.

The applicant sought expenses for preparation, including time spent investigating the insurer's assessors and alleging unfair practices.

The insurer argued these actions were unnecessary and unrelated to the disputed issues.

The arbitrator found the applicant was entitled to expenses as she was successful in the settlement, but reduced the claimed amount because the case did not proceed to a hearing and some time was spent on systemic issues rather than the specific dispute.

The arbitrator awarded $3,000 for fees and $3,294.49 for disbursements.

The applicant sought a non-earner benefit and payment for two physiotherapy treatment plans following a motor vehicle accident.

The Tribunal found that the claim for the non-earner benefit was statute-barred, as the application was filed more than two years after the clear and unequivocal denial by the respondent.

The Tribunal also dismissed the claims for the medical benefits, finding that the applicant failed to provide sufficient contemporaneous medical evidence to prove the treatment plans were reasonable and necessary.

The respondent's request for costs was denied.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs).

The insurer denied ongoing IRBs, arguing that the applicant's impairments were due to pre-existing depression or a subsequent head injury caused by a falling Jacuzzi motor.

The arbitrator rejected the insurer's arguments, accepting expert evidence that the applicant suffered from post-traumatic stress disorder and a concussive injury directly resulting from the accident.

The arbitrator found the applicant completely unable to engage in any employment for which she was reasonably suited, entitling her to ongoing IRBs.

The claim for a special award was dismissed as the insurer had genuine issues to try.

The applicant was injured in a motor vehicle accident and sought payment for three examination expenses: a functional abilities evaluation, a social emotional assessment, and an attendant care assessment.

The Tribunal found the functional abilities evaluation to be reasonable and necessary, awarding $2,152.00 plus interest.

The social emotional assessment and attendant care assessment were denied as a duplication of services and for failing to meet the evidentiary onus, respectively.

The Tribunal also awarded $125.00 in costs to the respondent due to the applicant's unreasonable late filing of submissions and evidence.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, including non-earner benefits.

The insurer denied the non-earner benefits on October 28, 2011, after receiving insurer's examination reports.

The applicant applied for mediation for non-earner benefits on August 12, 2014, more than two years after the denial.

The arbitrator held that the applicant was precluded from proceeding to arbitration for non-earner benefits because she failed to commence a mediation proceeding within the two-year limitation period set out in the Insurance Act and the Statutory Accident Benefits Schedule.

The arbitrator rejected the applicant's arguments that the limitation period did not begin to run until she submitted a disability certificate or that the denial was premature and therefore void.