James L. Robinson

The applicant sought statutory accident benefits following an alleged motor vehicle accident.

The applicant failed to attend examinations under oath and did not appear at the arbitration hearing.

The respondent insurer presented an engineering report concluding that the vehicles involved never made contact and the damage was inconsistent with the reported collision.

The arbitrator found the accident was staged, dismissed the application in its entirety, and ordered the applicant to pay the respondent's arbitration expenses.

The applicant was injured in a motor vehicle accident and claimed attendant care benefits for services provided by her two daughters.

The insurer denied the claim, arguing the expenses were not 'incurred' under s. 3(7)(e) of the Statutory Accident Benefits Schedule because the daughters did not suffer an economic loss.

The arbitrator found that the daughters did suffer an economic loss by renting an apartment and paying household expenses to support the applicant during her convalescence.

The applicant was awarded attendant care benefits, but her claim for a special award was dismissed as the insurer's denial was not unreasonable given the justiciable issue of economic loss.