4 total
Massage therapy for chronic pain relief found reasonable and necessary to facilitate active rehabilitation exercises.
The applicant was injured in a motor vehicle accident and sought payment for two treatment plans for massage therapy to treat chronic pain.
The insurer denied the claims, relying on various medical and DAC reports.
The arbitrator found the applicant's testimony credible that massage therapy provided temporary pain relief, which in turn allowed her to engage in active exercise to improve her strength and endurance.
The arbitrator gave little weight to the insurer's medical reports, noting they either did not address massage therapy or lacked sufficient reasoning.
The arbitrator concluded that the massage therapy was a reasonable and necessary medical benefit under section 14 of the Statutory Accident Benefits Schedule and ordered the insurer to pay the claimed amount of $5,190 plus interest.
Applicant awarded income replacement benefits for whiplash injury preventing return to demanding bartending job.
The Applicant was injured in a motor vehicle accident and sought income replacement benefits after the Insurer terminated them.
The Insurer argued the Applicant could return to her pre-accident employment as a bartender.
The Arbitrator found the Applicant suffered a Grade II whiplash injury and was substantially unable to perform the essential tasks of her demanding pre-accident job, which included repetitive bending, reaching, and lifting.
The Applicant was awarded income replacement benefits and interest, but was ordered to pay the Insurer's arbitration expenses for the first day of the hearing due to her failure to appear.
Applicant entitled to lump sum and weekly education disability benefits following severe closed-head injury.
The applicant was injured in a motorcycle accident, sustaining a severe closed-head injury and spinal fractures.
He applied for statutory accident benefits, including education disability benefits (EDBs).
The insurer terminated his weekly EDBs and paid one lump sum EDB.
The arbitrator found that the applicant was entitled to a further lump sum EDB for the January 1996 semester because he was unable to successfully complete it as a result of the accident.
The arbitrator also found that the applicant was entitled to weekly EDBs from March 1996 to August 1997 because he suffered a substantial inability to continue his education and a partial inability to carry on a normal life, specifically regarding mobility and cognitive activities.
Motion for interim income replacement benefits dismissed due to lack of evidence regarding post-accident income.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, including weekly income replacement benefits.
The insurer refused to pay, and the applicant brought a motion for an interim order for payment of $185 per week pending arbitration.
The arbitrator dismissed the motion, finding that while the medical evidence established a substantial inability to perform pre-accident work, there was evidence the applicant had returned to modified work and received post-accident income.
The applicant failed to provide sufficient financial information to establish a prima facie case for entitlement to the minimum benefit after accounting for potential deductions.
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