Dr. John Chong

The applicant was injured in a minor motor vehicle accident and received statutory accident benefits until they were terminated by the insurer.

She applied for arbitration, claiming she developed a chronic pain condition rendering her continuously disabled from returning to work.

The arbitrator found the applicant's credibility to be seriously questionable due to inconsistencies and denials of her physical abilities.

Relying on medical evidence that identified pre-existing degenerative disease, emotional depression, and other psycho-social factors as the primary causes of her ongoing disability, the arbitrator concluded the accident was not a significant contributing factor.

The claim for further weekly income benefits was dismissed, though the applicant was awarded her reasonable expenses of the arbitration.

The applicant was injured in two motor vehicle accidents and received statutory accident benefits until the insurer terminated them in January 1994.

The applicant sought ongoing weekly income benefits, medical and rehabilitation benefits, and a special award, claiming he was unable to return to his pre-accident job as a welder due to thoracic outlet syndrome and other injuries.

The arbitrator dismissed the application, finding that the applicant's ongoing difficulties were primarily related to pre-existing, work-related conditions rather than the motor vehicle accidents.

Surveillance evidence and the applicant's post-accident recreational activities demonstrated a level of functional ability inconsistent with his claims of severe disability.

The insurer's termination of benefits was deemed reasonable, and no special award was granted.