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Applicant awarded ongoing income replacement benefits after accident materially contributed to chronic pain syndrome.
The applicant was injured in a motor vehicle accident and sought income replacement and housekeeping benefits, which the insurer terminated.
The arbitrator found that the accident materially contributed to the applicant's development of chronic pain syndrome, rendering her completely unable to engage in any employment for which she was reasonably suited.
The arbitrator awarded ongoing income replacement benefits and a closed period of housekeeping benefits, along with interest.
The claim for a special award was dismissed, as the insurer's actions, while mistaken, were not unreasonable given the complex medical history.
Claim for ongoing weekly income benefits dismissed as the motor vehicle accident was not a significant contributing factor to the applicant's disability.
The applicant was injured in a minor motor vehicle accident and received statutory accident benefits until they were terminated by the insurer.
She applied for arbitration, claiming she developed a chronic pain condition rendering her continuously disabled from returning to work.
The arbitrator found the applicant's credibility to be seriously questionable due to inconsistencies and denials of her physical abilities.
Relying on medical evidence that identified pre-existing degenerative disease, emotional depression, and other psycho-social factors as the primary causes of her ongoing disability, the arbitrator concluded the accident was not a significant contributing factor.
The claim for further weekly income benefits was dismissed, though the applicant was awarded her reasonable expenses of the arbitration.
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