Dr. Michael G. Sumner

Following the breakdown of a long-term unmarried cohabitation, the respondent sought ongoing and retroactive non‑compensatory spousal support alleging disability due to depression, ADD, and dyslexia.

The court assessed competing psychiatric evidence regarding the respondent’s employability.

Accepting the opinion of a court‑ordered psychiatric assessor over the treating psychiatrist, the court found the respondent suffered from chronic low‑grade depression but was capable of employment and self‑sufficiency if motivated.

The court held that dependency arose only in the final years of the relationship and was inconsistent with the parties’ prior financial independence.

Ongoing support was therefore time‑limited and ordered to terminate after a transition period, with limited retroactive support awarded.

The applicant sought statutory accident benefits for rehabilitation and care services following a 1993 motor vehicle accident.

The insurer denied the claims, arguing the applicant's pervasive physical, cognitive, and psychological conditions were not caused by the accident.

The arbitrator dismissed the applicant's claims, finding she failed to prove on a balance of probabilities that the accident materially contributed to her impairments.

The arbitrator noted a complete absence of pre-accident medical records, relying solely on the applicant's unreliable self-reporting, and drew an adverse inference from her failure to call pre-accident treating physicians or lay witnesses to corroborate her pre-accident health and functional abilities.