Alan H. Bakker

The applicant was largely unsuccessful in her claim for statutory accident benefits, being awarded only a small amount for transportation expenses.

Both parties sought their expenses for the arbitration proceeding.

The arbitrator held that the new expense regulation did not restrict the discretion to award expenses to an unsuccessful applicant, as the system is designed to facilitate access to dispute resolution.

Finding that the applicant had a legitimate claim and did not unreasonably prolong the proceedings, the arbitrator awarded the applicant her expenses and denied the insurer's claim for expenses, noting that the insurer's offer to settle was a full and final offer rather than one limited to the issues in arbitration.

The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits, including non-earner, attendant care, and housekeeping benefits.

The arbitrator dismissed the claims for non-earner, attendant care, and housekeeping benefits, finding that the applicant did not suffer a complete inability to carry on a normal life, as evidenced by video surveillance and her own statements.

The arbitrator also found no evidence that the applicant incurred expenses for care provided by her daughter.

The applicant was awarded $15.53 for transportation expenses to medical appointments.