Dr. Alyea

The applicant sought statutory accident benefits for caregiving, housekeeping, and medical expenses following a motor vehicle accident.

The arbitrator dismissed all claims, finding the applicant's evidence regarding her inability to perform caregiving and housekeeping tasks to be inconsistent, contradictory, and lacking credibility.

Surveillance evidence showed the applicant performing tasks she claimed to be unable to do.

The arbitrator preferred the medical evidence of the insurer's assessors over the applicant's practitioners.

The claim for medical benefits was also dismissed as the applicant admitted she did not receive the recommended chiropractic treatments, and further massage therapy was deemed not reasonable or necessary.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for medical treatments and housekeeping.

The insurer denied the claims.

The arbitrator found that the applicant suffered injuries outside the WAD II PAF Guideline, specifically radiculopathy, and awarded medical benefits for chiropractic, physiotherapy, and acupuncture treatments.

The arbitrator also awarded partial housekeeping benefits for the initial four weeks post-accident, finding the applicant's evidence of ongoing need unreliable.

The third treatment plan was denied as not reasonable or necessary.

The applicant sought legal expenses following an arbitration decision where he was awarded $5,067 plus interest for medical services, but denied caregiver and housekeeping benefits.

The insurer argued both parties should bear their own costs due to divided success.

The arbitrator found the applicant achieved a significant degree of success and had served a reasonable offer to settle for $10,000 inclusive of costs, which he beat at arbitration.

The arbitrator also noted the insurer's late production of surveillance evidence prolonged the hearing.

The applicant was awarded $7,266.65 in legal expenses and disbursements.