The applicant, a self-employed plumber, was injured in a motor vehicle accident and claimed statutory accident benefits.
The insurer paid weekly income benefits at the minimum level and later terminated them, arguing the applicant was no longer disabled.
The arbitrator found the applicant's evidence regarding his pre-accident income to be unreliable and calculated his weekly income benefit based on corroborated work performed in the four weeks prior to the accident.
Relying on medical assessments and video surveillance showing the applicant playing softball, the arbitrator concluded he was capable of returning to work by December 1993 and denied benefits beyond February 1994.
The insurer was permitted to deduct post-accident employment income but was denied repayment of benefits previously paid.
Claims for transportation expenses for swimming were partially allowed, while claims for damaged clothing and a special award were dismissed.
Expenses of the arbitration were denied due to the applicant's misleading evidence.