Dr. D. Dos Santos

The applicants, Bikram and Amarjit Mann, were injured in a rear-end motor vehicle accident and claimed statutory accident benefits from their insurer, Allstate.

They sought payment for chiropractic, massage, rehabilitation, and acupuncture treatments, as well as the cost of mental health and in-home assessments.

Allstate disputed the claims, relying on insurer examinations and DAC assessments, and sought repayment of benefits paid pending the dispute.

The arbitrator found that a portion of the claimed physical treatments were reasonable and necessary, awarding specific amounts for chiropractic, massage, rehabilitation, and acupuncture sessions.

However, the claims for mental health and in-home assessments were dismissed for want of proof, as the applicants failed to establish the qualifications of the assessor or the breakdown of costs.

The claims for interest and Allstate's claim for repayment were also dismissed.

Each party was ordered to bear its own arbitration expenses.

The applicant was injured in two motor vehicle accidents and claimed various statutory accident benefits from her insurer.

The insurer argued she had signed a full and final release for her income replacement benefits, which also barred her claim for loss of earning capacity benefits (LECBs).

The arbitrator found the release only applied to income replacement benefits and that the applicant was entitled to an offer for LECBs because she was substantially unable to perform the essential tasks of her pre-accident employment at the 104-week mark.

The arbitrator also awarded supplementary medical expenses, housekeeping and attendant care benefits, and a special award against the insurer for unreasonably withholding certain benefits.