Dr. Garson S. Conn

The applicant was injured in a rear-end motor vehicle accident and sought housekeeping and home maintenance benefits beyond the insurer's termination date of June 2, 2003.

The arbitrator found that the medical evidence, including the insurer's own multi-disciplinary assessment, supported that the accident materially contributed to a chronic pain condition limiting her ability to perform housekeeping.

However, the arbitrator drew an adverse inference from the applicant's failure to provide evidence regarding the outcome of a recommended 10-week psychotherapy treatment plan, concluding her entitlement ended on September 15, 2003.

Benefits were awarded at a rate of $30 per week based on in-home assessments, rather than the maximum $100 per week claimed.

The Applicant was injured in a rear-end motor vehicle accident and received weekly income benefits until they were terminated by the Insurer.

He applied for arbitration, claiming ongoing inability to perform the essential tasks of his job as a band-saw operator due to neck and back pain.

The arbitrator preferred the medical evidence of the Insurer's orthopaedic surgeon over the Applicant's functional assessment, finding that the Applicant's pain did not cause a substantial inability to perform his job duties beyond May 29, 1992.

The Applicant was awarded weekly income benefits up to that date, along with interest and arbitration expenses.