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Arbitrator awards limited accident benefits and a special award for delayed payments despite applicant credibility issues.
The Applicant was injured in a motor vehicle accident and sought statutory accident benefits, including weekly childcare and medical/rehabilitation benefits, after the Insurer terminated them.
The Arbitrator found the Applicant lacked credibility regarding her pre-accident activities and initial disability, denying weekly benefits for the period immediately following termination.
However, the Arbitrator accepted that a subsequent disc herniation and sciatica exacerbation were causally related to the accident, awarding weekly benefits for a limited period in 1995.
The Arbitrator also awarded various medical and rehabilitation expenses and ordered a $500 special award against the Insurer for unreasonably delaying certain payments.
Statutory accident benefits largely denied due to lack of credibility and pre-existing conditions.
The applicant, a bus passenger, claimed statutory accident benefits following a minor motor vehicle accident.
She sought weekly income benefits, care benefits for her mentally incapacitated son, housekeeping expenses, and a special award.
The arbitrator found the applicant was not a credible witness and that her ongoing complaints were related to pre-existing conditions rather than the accident.
The claims for weekly income benefits, housekeeping expenses, and a special award were dismissed.
The applicant was awarded care benefits for a limited period and her arbitration expenses.
No co-appearing lawyers found.
No judges found.