Dr. Donald T. McNeely

The appellant appealed an arbitration decision denying her claim for weekly income benefits following a motor vehicle accident.

The arbitrator had concluded that the appellant's symptoms were not substantially disabling, relying in part on observations of the appellant sitting for long periods during the hearing, which contradicted her subjective complaints to her doctors.

On appeal, the appellant argued the arbitrator erred by relying on these observations.

The Director's Delegate dismissed the appeal, finding that the arbitrator made appropriate use of her observations to evaluate the accuracy of the subjective complaints underlying the medical opinions.

The appellant was awarded $750 in appeal expenses because the appeal raised an important issue regarding an arbitrator's ability to observe and consider physical capacity during a hearing.

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

The applicant sought ongoing benefits, claiming she was unable to perform her occupation as a housecleaner due to post-traumatic fibromyalgia.

The insurer argued she was exaggerating her symptoms and could return to work.

The arbitrator preferred the evidence of the applicant's treating physicians, finding her pain genuine and her inability to work through it justified.

The arbitrator awarded ongoing weekly income benefits, interest, and expenses, but denied a special award, finding the insurer's termination was not unreasonable given the conflicting medical opinions and the applicant's exaggerated behaviours.

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

The applicant sought arbitration, claiming she suffered from post-traumatic fibromyalgia and was substantially unable to perform her essential job tasks as an assembler.

The arbitrator reviewed medical evidence and surveillance video, concluding that the applicant's job was light and sedentary, and that she had adopted a dysfunctional stance, magnifying her symptoms.

The arbitrator found that any continuing symptoms were not caused by the accident and dismissed the claim for ongoing weekly income benefits and a special award, but granted the applicant her arbitration expenses.