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Insured awarded income replacement benefits and massage therapy costs following two motor vehicle accidents.
The applicant was injured in two motor vehicle accidents and sought statutory accident benefits from her insurer.
The insurer terminated income replacement benefits based on DAC assessments.
The arbitrator found that the applicant suffered a substantial inability to perform the essential tasks of her employment due to a shoulder injury and a major depressive disorder caused by the accidents.
The arbitrator awarded income replacement benefits for the disputed periods until the applicant was found to be coping and able to return to work.
Claims for massage therapy were allowed, while claims for acupuncture and disability management services were dismissed as unreasonable.
Arbitrator awards limited accident benefits and a special award for delayed payments despite applicant credibility issues.
The Applicant was injured in a motor vehicle accident and sought statutory accident benefits, including weekly childcare and medical/rehabilitation benefits, after the Insurer terminated them.
The Arbitrator found the Applicant lacked credibility regarding her pre-accident activities and initial disability, denying weekly benefits for the period immediately following termination.
However, the Arbitrator accepted that a subsequent disc herniation and sciatica exacerbation were causally related to the accident, awarding weekly benefits for a limited period in 1995.
The Arbitrator also awarded various medical and rehabilitation expenses and ordered a $500 special award against the Insurer for unreasonably delaying certain payments.
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