2 total
Application for ongoing weekly income benefits dismissed; applicant failed to prove continuous disability from accident-related injuries.
The applicant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.
The insurer terminated benefits, and the applicant sought ongoing benefits under section 12(5)(b) of the Statutory Accident Benefits Schedule, claiming she was continuously prevented from engaging in any suitable employment due to back, shoulder, and psychiatric issues.
The arbitrator found that the applicant's pre-existing osteoarthritis and deconditioning were the primary causes of her ongoing complaints, and that she had recovered sufficiently from her accident-related soft tissue injuries to return to her pre-accident employment as a cleaner.
The application for ongoing benefits and a special award was dismissed, though the applicant was awarded her expenses for the arbitration.
Weekly income benefits denied as ongoing cognitive impairments stemmed from pre-existing personality disorder, not the accident.
The Applicant was struck by a car and claimed statutory accident benefits, including weekly income benefits and supplementary medical and rehabilitation benefits.
The Insurer terminated weekly income benefits, arguing the Applicant could return to work as a car salesman.
The Applicant claimed ongoing disability due to a head injury causing cognitive and psychological impairments.
The Arbitrator found that the Applicant's ongoing impairments were rooted in a severe pre-existing personality disorder and not the accident.
Claims for weekly income benefits and case management services were dismissed.
However, the Arbitrator awarded certain transportation expenses and a special award of $100 because the Insurer unreasonably withheld payment of transportation expenses pending the dispute.
No co-appearing lawyers found.
No judges found.