2 total
Accident benefits denied as applicant failed to prove 1994 collision caused 1996 disc herniation.
The applicant sought statutory accident benefits, including caregiver benefits and medical expenses, alleging that a 1994 motor vehicle accident caused a disc herniation in 1996.
The arbitrator found that the applicant's evidence regarding the onset of her disability was unsupported by contemporary medical documentation, which indicated the disability began at the time of the herniation, more than two years after the accident.
Furthermore, expert medical evidence failed to establish a causal link between the 1994 accident and the 1996 disc herniation.
All claims for benefits, expenses, and a special award were denied.
Applicant failed to prove self-employment income for IRB calculation due to lack of reliable documentation.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The parties agreed on the quantum of his employment income but disputed the amount of his self-employment income from home renovations.
The applicant claimed his memory of the self-employment work was affected by a head injury sustained in the accident.
The arbitrator found that the applicant failed to provide reliable evidence or documentation to prove the amount of self-employment income he earned in the 52 weeks before the accident.
The arbitrator concluded that the applicant's Income Replacement Benefit should be calculated based solely on his employment income at the agreed rate of $81.30 per week.
No co-appearing lawyers found.
No judges found.