Dr. Matthew J. S. Barrigar

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for fitness classes, chiropractic and massage treatments, acupuncture, and housekeeping expenses.

The arbitrator found that the applicant suffered from chronic pain and reasonably required the fitness classes and ongoing chiropractic and massage treatments.

The claim for acupuncture was also allowed, as the applicant established a prima facie case for its reasonableness.

However, the claim for housekeeping and home maintenance expenses was dismissed because the evidence, including a functional capacity evaluation, showed the applicant was capable of performing the tasks by pacing herself.

Finally, the arbitrator ordered the insurer to pay a special award of $350 for unreasonably withholding chiropractic benefits pending dispute resolution.