4 total
Arbitrator rules applicant's injuries fall within Minor Injury Guideline; insurer's overpayment does not waive limit.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the insurer.
The central issues were whether the applicant's injuries fell within the Minor Injury Guideline (MIG) and whether the insurer's payment of over $3,500 in treatment costs constituted a waiver of the MIG limit.
The arbitrator found that the applicant's injuries were minor and that the insurer did not waive the MIG limit simply by overpaying.
The arbitrator rejected the applicant's experts' diagnoses of chronic pain and WAD III, preferring the insurer's experts who concluded the applicant suffered only soft tissue injuries.
All claims for additional rehabilitation benefits and examination costs were dismissed.
Accident benefits claims dismissed after applicant failed to attend hearing and prove ongoing disability.
The applicant was injured in a motor vehicle accident and sought ongoing income replacement benefits and payment for treatment expenses after the insurer terminated them.
The applicant failed to attend the arbitration hearing.
The arbitrator reviewed the insurer's evidence, including medical opinions indicating the applicant was capable of returning to work as a manicurist.
The arbitrator found the applicant failed to meet the burden of proving a substantial inability to perform the essential tasks of his employment or that the disputed treatment was reasonable and necessary.
The claims were dismissed, and the insurer was awarded its expenses for the arbitration.
Arbitrator awards caregiver and housekeeping benefits, finding applicant substantially unable to perform pre-accident household activities.
The applicant was injured in a motor vehicle accident and sought weekly caregiver benefits and housekeeping expenses after the insurer terminated them.
The arbitrator found that the applicant suffered a partial inability to carry on a normal life due to her substantial inability to engage in pre-accident household activities, including cooking, heavy laundry, and cleaning.
The arbitrator awarded the claimed caregiver benefits, housekeeping expenses, interest, and arbitration expenses, noting that the insurer's surveillance and medical evidence did not sufficiently contradict the applicant's credible testimony regarding her impairments.
Income replacement benefits awarded for initial period only; 50% special award granted for unreasonable delay.
The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, including income replacement and housekeeping expenses, arguing she could no longer work as a live-in housekeeper.
The arbitrator found that while the applicant sustained genuine injuries, including vertigo and cervicogenic pain, she exaggerated her limitations and was only disabled from working until her employer returned from Florida on February 21, 1996.
Income replacement benefits were awarded up to that date, along with a 50% special award because the insurer unreasonably withheld payment despite having uncontradicted medical evidence of disability for that initial period.
Claims for ongoing income replacement, housekeeping, and a case manager were dismissed.
No co-appearing lawyers found.
No judges found.