Dr. Archaryya

The appellant appealed an Arbitrator's decision denying her claims for catastrophic impairment, attendant care, caregiver, medical, and housekeeping benefits following a 2009 motor vehicle accident.

The appellant argued the Arbitrator provided inadequate reasons, applied incorrect legal tests for burden of proof and causation, and erred in weighing evidence and assessing credibility.

The Director's Delegate dismissed the appeal, finding that the Arbitrator's reasons were adequate, the correct legal tests were applied, and the credibility findings were supported by ample evidence.

The Arbitrator's decision was confirmed and costs of $3,390 were awarded to the respondent.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including a determination of catastrophic impairment, attendant care, caregiver, medical, and housekeeping benefits.

The arbitrator found that the applicant failed to prove her entitlement on a balance of probabilities, noting significant issues with her credibility, evidence of malingering, and a failure to disclose pre-existing medical conditions.

The arbitrator preferred the evidence of the insurer's medical experts, who concluded that the applicant had reached maximum medical recovery and did not meet the threshold for catastrophic impairment.

All claims for benefits were denied.