Dr. Conn

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement, medical, and housekeeping benefits.

The insurer terminated benefits, arguing the applicant's pain responses were exaggerated and his psychological issues stemmed from pre-existing childhood trauma rather than the accident.

The arbitrator found the applicant credible and concluded that the accident was a material contributing factor to his chronic pain syndrome, fibromyalgia, and depression.

The arbitrator awarded ongoing income replacement benefits, medical benefits for various treatments, and housekeeping benefits.

Furthermore, the arbitrator found the insurer acted unreasonably in denying certain treatment plans without a designated assessment, and ordered the insurer to pay a special award under section 282(10) of the Insurance Act.

The appellant, a pedestrian injured in a motor vehicle accident, appealed an arbitration decision that terminated his weekly income benefits and ordered him to repay overpaid benefits.

The Director of Arbitrations upheld the arbitrator's findings that the appellant was no longer substantially unable to perform the essential tasks of his occupation, based on medical and rehabilitation evidence.

Furthermore, the Director affirmed the arbitrator's conclusion that the appellant's financial records were unreliable and constructed after the accident, justifying the calculation of his income benefits at the minimum rate.

The appeal was dismissed.