Guy Jones

The applicants sought income replacement benefits and payment of physiotherapy accounts following a low-impact rear-end motor vehicle collision.

The insurer denied the claims, arguing the impact was too minimal to cause the alleged injuries, and sought repayment of some physiotherapy expenses already paid.

The arbitrator found the applicants' evidence regarding their injuries lacked credibility, noting inconsistencies and a failure to disclose pre-existing conditions to their treating physicians.

Relying on expert evidence in accident reconstruction and biomechanics, the arbitrator concluded the collision forces were insufficient to cause the claimed injuries.

The claims for income replacement and physiotherapy were dismissed, as was the claim for a special award.

The insurer's claim for repayment was also dismissed because the initial payments were not made due to error, fraud, or wilful misrepresentation.

The applicant was struck by a motor vehicle while a pedestrian and claimed weekly income benefits.

At the time of the accident, he was receiving workers' compensation benefits for a prior work-related shoulder injury.

The arbitrator found that the applicant was not employed or on a temporary lay-off at the time of the accident, precluding entitlement to section 12 benefits.

Furthermore, the arbitrator concluded that the applicant was not entitled to section 13 benefits, as he had recovered sufficiently by November 1992 to perform his essential pre-accident tasks.

The claims for benefits were dismissed, but the applicant was awarded his arbitration expenses.