Dr. Michael M. Howell

The appellant appealed an arbitration decision denying his claims for weekly income benefits, non-earner benefits, and medical and rehabilitation benefits following a motor vehicle accident.

The appellant, an accordion player, claimed he earned income from performing prior to the accident and was completely disabled from his essential tasks.

The Director's Delegate upheld the Arbitrator's findings that the appellant failed to prove he earned income from playing the accordion before the accident and failed to establish a complete inability to perform his essential tasks.

The Director's Delegate also dismissed the appellant's allegations of bias against the Arbitrator and upheld the order requiring the appellant to pay the insurer's arbitration expenses.

The applicant was injured in a rear-end motor vehicle accident and received weekly income benefits for 156 weeks.

The insurer terminated benefits, arguing the applicant's ongoing severe anxiety disorder was not caused by the accident and that he was not continuously prevented from working.

The arbitrator found that the applicant's psychological disability was materially caused by the accident and rendered him unable to maintain employment.

The arbitrator ordered the insurer to pay ongoing weekly income benefits and awarded a $5,000 special award under section 282(10) of the Insurance Act, finding the insurer had unreasonably withheld payments without a reasonable basis.