2 total
Applicant awarded ongoing income replacement benefits after arbitrator finds chronic pain complaints credible and disabling.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) after the insurer terminated them.
The insurer argued the applicant's pain complaints were not credible and lacked objective medical evidence.
The arbitrator found the applicant to be a credible witness whose testimony was corroborated by lay witnesses and medical professionals.
The arbitrator concluded the applicant suffered a substantial inability to perform his pre-accident employment and a complete inability to engage in any employment for which he is reasonably suited.
The applicant was awarded pre-104 week and post-104 week IRBs, interest, and arbitration expenses.
Application for ongoing income replacement benefits dismissed as ongoing disability was unrelated to the motor vehicle accident.
The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them, claiming she was no longer disabled.
The applicant sought ongoing benefits and vocational training costs.
The arbitrator found that the applicant's ongoing difficulties were related to pre-existing physical and psychiatric conditions, including paranoid delusions, and an unrelated subsequent ankle fracture, rather than the motor vehicle accident.
The medical evidence supporting her claim was rejected as flawed or incomplete.
The application for ongoing income replacement benefits and vocational training was dismissed.
No co-appearing lawyers found.
No judges found.