The applicant sought ongoing weekly income benefits following a motor vehicle accident, claiming he was substantially unable to perform the essential tasks of his employment.
The insurer terminated benefits on the basis that the applicant was no longer disabled.
At arbitration, the evidence revealed that the applicant had been involved in two prior motor vehicle accidents which he had concealed from several assessing and treating physicians.
Furthermore, surveillance video demonstrated the applicant performing physical movements that contradicted the severe restrictions he reported during medical examinations.
The arbitrator found the applicant's testimony and subjective reports to medical professionals to be unreliable.
Consequently, the claim for ongoing weekly income benefits and a special award was dismissed.
However, the arbitrator exercised discretion to award the applicant his arbitration expenses.
