4 total
Applicant removed from Minor Injury Guideline due to concussion; income replacement benefit denied.
The applicant sought statutory accident benefits following a motor vehicle accident.
The Tribunal found that the applicant sustained an accident-related concussion, removing him from the Minor Injury Guideline.
However, the claim for an income replacement benefit was dismissed because the applicant failed to establish the essential tasks of his employment or a substantial inability to perform them.
The Tribunal approved treatment plans for a concussion assessment and a neurological assessment, but denied plans for a driving evaluation, a psychological assessment, and a second concussion assessment.
The claim for a bad faith award was dismissed.
Accident benefits claims dismissed entirely due to applicant's lack of credibility and unproven treatment attendance.
The applicant sought statutory accident benefits, including medical, attendant care, and housekeeping benefits, following a motor vehicle accident.
The insurer denied the benefits, arguing the treatments were not reasonable, necessary, or actually incurred.
The arbitrator dismissed the applicant's claims in their entirety, finding her testimony lacked credibility and was inconsistent with the clinical notes of her regular treating physicians.
The arbitrator drew adverse inferences from the applicant's failure to call treating practitioners or her son, who allegedly provided care, and concluded the claimed services were either not provided or not reasonably required.
Accident benefits claims dismissed entirely due to devastating surveillance evidence and unreliable, altered expert medical reports.
Three family members sought statutory accident benefits following a minor motor vehicle collision.
The arbitrator dismissed all claims for income replacement, caregiver, attendant care, housekeeping, and medical/rehabilitation benefits.
The arbitrator found the applicants were not credible, relying heavily on surveillance evidence that contradicted their reported disabilities.
Furthermore, the applicants' expert medical evidence was rejected due to altered clinical records, failure of experts to testify, and reliance on inaccurate self-reporting.
Claims for interest, a special award, and arbitration expenses were also dismissed.
Claims for caregiver and housekeeping benefits dismissed due to unreliable evidence and failure to prove primary caregiver status.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits for caregiver services, housekeeping expenses, and the costs of various medical assessments.
The arbitrator found that the applicant was not the primary caregiver for his nephew's children prior to the accident, and that the invoices submitted for both caregiver and housekeeping expenses were unreliable and failed to establish the amounts claimed.
The claims for caregiver and housekeeping benefits were dismissed.
The arbitrator awarded the costs of a functional abilities evaluation and a reduced amount for an in-home assessment, but denied funding for neurological and orthopaedic assessments as they were not reasonably required.
No co-appearing lawyers found.
No judges found.