Dr. Howard P. Jacobs

The applicant sought expenses following a successful arbitration for statutory accident benefits.

The insurer conceded entitlement but disputed the quantum of legal fees and expert disbursements.

The arbitrator assessed the legal fees, allowing the full time claimed by the junior lawyer who had carriage of the file, but reducing the time claimed by the senior lawyer for duplication.

The arbitrator also assessed the disbursements for various medical experts, reducing some hourly rates to the maximum allowed under Schedule F of the Dispute Resolution Practice Code, and reducing the amounts claimed for certain medical assessments and reports.

The total expenses awarded were $18,888.71.

The appellant was injured in a motor vehicle accident and claimed income replacement benefits (IRBs) and other expenses, arguing she was unable to continue her employment as a live-in housekeeper.

The arbitrator awarded IRBs for a brief period following the accident but concluded the appellant failed to prove ongoing disability, relying on surveillance evidence and testimony that she stopped working for reasons unrelated to the accident.

On appeal, the Director's Delegate upheld the arbitrator's decision, finding no error in the evaluation of medical evidence, the admission of hearsay, or the reliance on surveillance videotapes.

The appeal was dismissed, and the arbitrator's reduction of the appellant's expenses due to delay was affirmed.

The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, including income replacement and housekeeping expenses, arguing she could no longer work as a live-in housekeeper.

The arbitrator found that while the applicant sustained genuine injuries, including vertigo and cervicogenic pain, she exaggerated her limitations and was only disabled from working until her employer returned from Florida on February 21, 1996.

Income replacement benefits were awarded up to that date, along with a 50% special award because the insurer unreasonably withheld payment despite having uncontradicted medical evidence of disability for that initial period.

Claims for ongoing income replacement, housekeeping, and a case manager were dismissed.

The applicant was injured in a motor vehicle accident while enrolled in a heavy duty equipment mechanic college program.

The insurer terminated his weekly education disability benefits.

The applicant sought arbitration, claiming he was physically and mentally unable to complete his education due to chronic pain and depression.

The arbitrator dismissed the claim, finding that the applicant's physical injuries were primarily soft tissue and had resolved, as evidenced by his subsequent employment in physically demanding jobs and his weight training.

The arbitrator also found no persuasive medical evidence of a disabling psychiatric condition or head injury, concluding the applicant failed to prove a substantial inability to complete his education or carry on a normal life.