Dr. Howard S. Seiden

The Applicant was injured in a motor vehicle accident and received statutory accident benefits.

The Insurer terminated weekly income benefits, and the parties proceeded to arbitration.

The arbitrator found that the Applicant's physical injuries had largely resolved, but she continued to suffer a substantial inability to perform the essential tasks of her occupation due to psychological injuries until March 24, 1993.

The Applicant was awarded weekly income benefits up to that date, as well as supplementary medical and rehabilitation benefits for her residual psychological injuries.

The Insurer was entitled to repayment of weekly income benefits paid after March 24, 1993.

The Applicant sought weekly income benefits following a motor vehicle accident.

The Insurer terminated benefits on November 24, 1991.

The Arbitrator found that the Applicant failed to prove a substantial inability to perform the essential tasks of his employment after that date.

Furthermore, the Arbitrator determined that the Applicant attempted to defraud the Insurer by claiming to be the beneficial owner of a business to inflate his pre-accident income.

The correct weekly income benefit was calculated based solely on his actual employment income.

As a result, the Applicant was ordered to repay an overpayment of $12,682.82 plus interest to the Insurer, and his claim for arbitration expenses was denied due to his fraudulent conduct.