Dr. John McLachlan

The appellant appealed two arbitration decisions denying his claims for weekly benefits and supplementary medical and rehabilitation benefits following a motor vehicle accident.

The appellant argued that the arbitrator was biased, misapprehended the medical evidence, and improperly relied on surveillance evidence.

The Director's Delegate dismissed the appeals, finding no evidence of bias and concluding that the arbitrator's factual findings were supported by the evidence.

The arbitrator properly applied the 'essential tasks' test for weekly benefits and reasonably concluded that the appellant's requested psychological and computer training rehabilitation was not necessitated by the accident.

The applicant sought payment for medical and rehabilitation benefits, including psychological assessments, therapy, computer training, and chiropractic treatments, following a 1991 motor vehicle accident.

The arbitrator found significant discrepancies between the applicant's initial medical reports and his later complaints, concluding that the applicant had reconstructed his medical history.

The arbitrator gave little weight to the reports of the applicant's recently retained psychologist and chiropractor because they did not address these discrepancies and did not testify.

The claims for benefits, a special award, and arbitration expenses were dismissed.

The insurer's request for an assessment against the applicant for a frivolous arbitration was also dismissed.