Chris T.J. Blom

The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them based on surveillance video showing him moving furniture.

The applicant applied for arbitration.

The arbitrator found that the applicant, a heavy equipment operator, remained substantially unable to perform his essential tasks and reinstated the $600 weekly benefits.

The arbitrator also found the insurer acted unreasonably in terminating benefits without further medical investigation or discussing the video with the applicant, awarding a $2,000 special award to the applicant.

The applicant, a limousine driver, was kidnapped at gunpoint in his vehicle and forced to drive into the countryside before the vehicle was stolen.

He suffered psychological injuries and applied for accident benefits.

The insurer denied the claim, arguing the incident did not involve the use or operation of an automobile.

The arbitrator found that the forced operation of the vehicle at gunpoint directly or indirectly caused the psychological injury, satisfying the definition of an accident under the No-Fault Benefits Schedule.

The applicant was awarded $3,600 in weekly income benefits and his arbitration expenses.