Dr. Ezra A. Silverstein

The applicant, a military reservist, was struck by a motor vehicle and received weekly income benefits for 198 weeks.

The insurer terminated benefits, arguing the applicant could return to light sedentary work.

The arbitrator found that while the applicant was physically capable of light sedentary work, he was not 'reasonably suited' for such employment by his education, training, or experience, given his long career in a demanding military role.

The arbitrator also determined the correct quantum of the weekly benefit based on bank records, as official payroll records were unreliable.

The insurer's claim for repayment of prior overpaid benefits was dismissed because the applicant did not contribute to the error.

The applicant claimed statutory accident benefits for income replacement following two motor vehicle accidents in 1995 and 1996.

The insurer paid benefits for a period but subsequently terminated them.

The arbitrator found the applicant to be an unreliable historian who concealed prior workplace and motor vehicle injuries from his medical assessors.

Preferring the objective medical evidence of the insurer's experts, the arbitrator concluded that the applicant's ongoing shoulder and back problems were chronic pre-existing conditions and that he was no longer disabled as a result of the motor vehicle accidents.

The claim for further income replacement benefits was dismissed, but the applicant was awarded one-half of his arbitration expenses.