3 total
Accident benefits claims dismissed as applicant failed to prove causation due to lack of pre-accident medical records.
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.
Income replacement benefits awarded for a closed period due to psychological impairment following a motor vehicle accident.
The applicant was injured in a rear-end motor vehicle accident and sought ongoing income replacement benefits after the insurer terminated them.
The arbitrator found no objective physical injury but accepted that the applicant developed significant emotional and psychological problems resulting in a substantial inability to perform her essential job tasks.
However, evidence showed she was functionally able to operate a chip wagon business on her own by the summer of 1997.
The arbitrator ordered the insurer to pay income replacement benefits from the date of termination until June 1, 1997.
Insurer ordered to pay ongoing income replacement benefits and a special award for unreasonable termination.
The applicant was injured in a motor vehicle accident and claimed statutory accident benefits.
The insurer terminated his income replacement benefits, arguing he was not substantially disabled from his employment as a wallpaper hanger.
The arbitrator found that the applicant suffered a substantial inability to perform the essential tasks of his employment due to chronic pain, severe headaches, and psychological difficulties resulting from the accident.
The arbitrator ordered the insurer to pay ongoing income replacement benefits, certain supplementary medical expenses, and a special award of $2,500 for unreasonably terminating benefits without a proper assessment.
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