2 total
Application for reinstatement of weekly income benefits dismissed as medical evidence supported a return to work.
The applicant, a taxi driver, was injured in a motor vehicle accident and received weekly income benefits until January 1994.
He applied for reinstatement of benefits, claiming ongoing physical and psychological injuries rendered him substantially unable to perform his essential tasks.
The arbitrator found the applicant's evidence contradictory and unsupported by the medical reports, which largely recommended a return to work.
The claims for ongoing weekly income benefits and a special award were dismissed, though the applicant was awarded his arbitration expenses.
Claim for weekly income benefits dismissed as applicant failed to prove accident-related psychological disability.
The applicant sought statutory accident benefits (weekly income benefits) under the Insurance Act, claiming he suffered from post-traumatic stress disorder (PTSD) following a motor vehicle accident.
The arbitrator found the applicant's account of the accident to be exaggerated and unreliable, noting inconsistencies in medical records and post-accident conduct that contradicted a driving phobia.
The arbitrator rejected the expert evidence of both the applicant's psychiatrist and the insurer's psychologist.
The application for weekly income benefits was dismissed as the applicant failed to prove a disability resulting from the accident, though arbitration expenses were awarded to the applicant.
No co-appearing lawyers found.
No judges found.