Dr. Barry W. Malcolm

The applicant sought caregiver benefits following a minor motor vehicle accident, claiming physical and psychological impairments substantially disabled her from caring for her young daughter.

The arbitrator dismissed the claim, finding the applicant lacked credibility and failed to provide objective medical evidence of a substantial inability to perform caregiving duties.

Surveillance evidence and inconsistencies in testimony further undermined her claim that she incurred caregiving expenses.

The applicant was ordered to pay the insurer's arbitration expenses due to the unmeritorious nature of the claim.

The applicant was injured in a motor vehicle accident and received statutory accident benefits.

He later developed intense lower back pain and was diagnosed with herniated discs, which he claimed were caused by the accident.

He also sought to include an unpaid $30,000 management fee in his pre-accident income calculation.

The arbitrator found that the medical evidence did not support a causal link between the accident and the back injuries, preferring the opinions of the insurer's and court-appointed experts.

The arbitrator also accepted the insurer's accounting expert's evidence that the unpaid management fee should not be included in the applicant's income.

The applicant's claims for further benefits were dismissed, though he was awarded his arbitration expenses.