Dr. C. J. Potyrak

The appellant was injured in a 1993 motor vehicle accident and sought rehabilitation and attendant care benefits.

The arbitrator dismissed the claims, finding the appellant failed to establish that the accident materially contributed to her physical, cognitive, and psychological conditions, largely due to a lack of pre-accident medical records and reliable evidence.

On appeal, the appellant argued the arbitrator erred by admitting insurer medical reports without cross-examination and by misapplying the burden of proof.

The Director's Delegate dismissed the appeal, holding that the failure to cross-examine does not compel acceptance of an expert's report and that the burden of proving causation remained on the appellant.

The applicant sought statutory accident benefits for rehabilitation and care services following a 1993 motor vehicle accident.

The insurer denied the claims, arguing the applicant's pervasive physical, cognitive, and psychological conditions were not caused by the accident.

The arbitrator dismissed the applicant's claims, finding she failed to prove on a balance of probabilities that the accident materially contributed to her impairments.

The arbitrator noted a complete absence of pre-accident medical records, relying solely on the applicant's unreliable self-reporting, and drew an adverse inference from her failure to call pre-accident treating physicians or lay witnesses to corroborate her pre-accident health and functional abilities.