Deborah G. Neilson

The applicant was injured in a motor vehicle accident and was previously awarded statutory accident benefits and a special award following a preliminary issues hearing.

The arbitrator rescinded the initial order for expenses on consent and held a further hearing to determine the applicant's entitlement to and quantum of expenses.

The arbitrator found the applicant was entirely successful and entitled to her expenses.

The arbitrator set aside the 30-day time limit for requesting an assessment and awarded the applicant's counsel the maximum hourly rate of $150, allowing a 3:1 ratio for preparation to attendance time.

The insurer was ordered to pay $15,150 in legal fees and $9,103.41 in disbursements.

The applicant was injured in a motor vehicle accident and received income replacement benefits (IRBs) for over 104 weeks before the insurer terminated them.

The arbitrator found that the insurer failed to comply with its statutory duty to provide a loss of earning capacity (LEC) offer at the 104-week mark, and ordered the insurer to continue paying IRBs until it complied.

The arbitrator also found the applicant suffered a substantial inability to perform the essential tasks of her employment as a gas station cashier due to accident-related headaches and neck pain.

The applicant was awarded costs for massage therapy and a medi water pillow, but claims for a convertible vehicle, boat canvas top, chiropractic care, and a hard bite plate were dismissed.

A special award of $15,000 was granted against the insurer for unreasonably withholding IRBs.

The applicant was injured in a motor vehicle accident in January 1993 but did not notify the insurer or apply for statutory accident benefits until September 1994, almost 20 months later.

The insurer denied the claim due to the delay.

On a preliminary issue hearing, the arbitrator found that the applicant, who was a licensed insurance broker, did not have a reasonable excuse for the delay.

The applicant's assertion that she did not know the full extent of her injuries was rejected, as she had sought medical treatment shortly after the accident and was referred to a specialist within 13 months.

The arbitration was dismissed.