2 total
Claims for statutory accident benefits dismissed as applicants failed to prove accident-related impairments.
The three applicants were involved in a motor vehicle accident and sought various statutory accident benefits, including non-earner benefits, attendant care benefits, and medical rehabilitation benefits.
The insurer denied the claims based on independent medical examinations indicating that the applicants' ongoing impairments were related to pre-existing conditions rather than the accident.
The arbitrator found that none of the applicants suffered a complete inability to carry on a normal life, and that the proposed treatment plans and attendant care were neither reasonable nor necessary.
All claims for benefits were dismissed.
Applicant awarded ongoing weekly income benefits after 156 weeks due to continuous disability from accident.
The applicant was injured in a motor vehicle accident and received weekly income benefits for 156 weeks.
The insurer terminated benefits, arguing the applicant was no longer disabled and could return to work.
The applicant applied for arbitration, claiming ongoing disability due to chronic pain, depression, and cognitive difficulties.
The arbitrator found the applicant credible and preferred the medical evidence supporting her disability over the insurer's medical examinations.
The arbitrator concluded that the applicant was continuously prevented from engaging in any occupation for which she was reasonably suited by education, training, or experience.
The applicant was awarded ongoing weekly income benefits and interest on overdue payments.
No co-appearing lawyers found.
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