Dr. Patrick J. Potter

The applicant was injured in a motor vehicle accident and received income replacement benefits for 104 weeks.

The insurer terminated benefits on the basis that the applicant did not meet the post-104 week test of suffering a complete inability to engage in any suitable employment.

The arbitrator found that the applicant failed to make a bona fide effort to find suitable alternative employment and intentionally limited his job search.

Furthermore, surveillance evidence and inconsistencies in the applicant's testimony severely undermined his credibility regarding his alleged chronic pain and deterioration.

The arbitrator concluded that the applicant failed to establish a prima facie case of total disability and that the insurer had identified suitable alternative occupations.

The application for ongoing income replacement benefits was dismissed.

The applicant was injured in a rear-end motor vehicle accident and received statutory accident benefits until the insurer terminated them.

She applied for arbitration, seeking ongoing weekly income benefits and medical/rehabilitation benefits.

The arbitrator found that the applicant suffered from chronic pain syndrome and remained disabled from her pre-accident job as an in-store demonstrator, entitling her to weekly benefits up to the 156-week mark.

However, the arbitrator concluded that the applicant was not continuously prevented from engaging in any suitable employment thereafter, and dismissed the claim for post-156 week benefits and further medical/rehabilitation benefits.

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

The insurer terminated benefits, arguing the applicant did not meet the test for continued entitlement.

The applicant sought reinstatement, claiming inability to work due to chronic pain and fibromyalgia.

The arbitrator found that the applicant's subsequent fall and worsening condition were related to the accident.

Accepting the medical evidence of fibromyalgia, the arbitrator concluded the applicant was unable to perform any suitable job and ordered the reinstatement of weekly income benefits.

The request for a special award was denied as the insurer had not unreasonably withheld payments.