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Arbitrator awards retroactive attendant care benefits but dismisses claim for ongoing income replacement benefits.
The applicant, a pedestrian struck by a motor vehicle, sought statutory accident benefits including housekeeping, attendant care, and income replacement benefits.
The arbitrator dismissed the claim for housekeeping benefits as the insurer had already paid the amount claimed.
The arbitrator awarded attendant care benefits for the period before the applicant submitted the required Form 1, finding it was submitted within a reasonable time.
The claim for ongoing income replacement benefits was dismissed because the medical evidence, including reports from the applicant's own assessors, and the applicant's unreliable testimony failed to establish a substantial inability to perform the essential tasks of her pre-accident employment.
Accident benefits claims dismissed due to applicant's severe credibility issues, misrepresentations, and exaggerated claims.
The applicant sought statutory accident benefits following a motor vehicle accident, including medical, attendant care, and housekeeping benefits.
The arbitrator found the applicant's credibility severely compromised due to material misrepresentations, inflated claims, and failure to provide accurate medical histories to his assessors.
The applicant admitted to submitting claims for periods when he had no symptoms and required no assistance.
The arbitrator gave little weight to the applicant's medical expert due to incomplete information and bias against the Pre-approved Framework (PAF).
Preferring the insurer's assessments, the arbitrator dismissed all of the applicant's claims for accident benefits.
No co-appearing lawyers found.
No judges found.