Dr. Burrell

The appellant appealed an arbitration order denying her additional weekly income benefits following a motor vehicle accident.

The arbitrator had found that the appellant was not substantially unable to perform the essential tasks of her pre-accident employment, relying on a Functional Capacities Assessment and the opinions of several medical specialists.

On appeal, the Director's Delegate held that the arbitrator's findings were supported by the evidence and declined to interfere with his assessment of the medical reports and witness credibility.

The appeal was dismissed, and no appeal expenses were awarded.

The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them.

She applied for arbitration, claiming a substantial inability to perform the essential tasks of her pre-accident employment as a cook.

The arbitrator reviewed medical evidence, including functional capacity assessments and expert reports, which indicated she was capable of returning to work with minor restrictions.

Finding the applicant's testimony regarding her limitations lacked credibility and was inconsistent with her activities, the arbitrator concluded she did not suffer a substantial inability to perform her essential tasks and dismissed the claim for further benefits, though awarded her arbitration expenses.