Dr. Lydia Hatcher

The applicant appealed an arbitrator's decision denying her claims for post-104 week income replacement benefits (IRBs), an orthotics treatment plan, and a special award under the Statutory Accident Benefits Schedule.

The Director's Delegate upheld the denial of IRBs, finding the arbitrator reasonably concluded the applicant did not suffer a complete inability to work, as medical and vocational evidence indicated she could perform sedentary or light work.

The appeal regarding the orthotics claim was allowed because the insurer's denial notice failed to set out the consequences of non-compliance, rendering it invalid.

The claim for a special award was dismissed as the insurer's conduct did not amount to unreasonably withholding payments.

The insurer's cross-appeal on the interest rate was allowed, reducing the rate from 2% to 1% in accordance with binding Divisional Court precedent.

The applicant was injured in a motor vehicle accident when she was struck by a car while crossing a street.

She applied for statutory accident benefits, including post-104 week income replacement benefits and various medical and rehabilitation benefits.

The arbitrator found that the applicant suffered from chronic pain but failed to prove a complete inability to engage in suitable employment, dismissing the claim for income replacement benefits.

The arbitrator granted entitlement to an occupational therapy re-assessment, a portion of physical rehabilitation, and a vocational assessment, finding the insurer's denials improper or the treatments reasonable and necessary.

Claims for further physical rehabilitation and orthotics were dismissed.

The arbitrator awarded interest on overdue payments but declined to order a special award against the insurer.