Dr. Peter Rothbart

The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated weekly income benefits.

The applicant applied for arbitration, seeking ongoing weekly income benefits, transportation expenses, and a special award.

The arbitrator found that the applicant suffered from chronic pain and depression caused by the accident, which continuously prevented him from engaging in any suitable employment.

The arbitrator ordered the insurer to pay ongoing weekly income benefits and transportation expenses.

However, the arbitrator also ordered the applicant to repay an overpayment of income replacement benefits due to his receipt of collateral benefits, and denied the request for a special award.

The applicant sought interim income replacement and medical-rehabilitation benefits following a motor vehicle accident.

The insurer had terminated benefits, and the parties were unable to resolve their disputes through mediation.

The arbitrator found that the applicant established a probable case for entitlement to income replacement benefits and demonstrated financial urgency, awarding partial interim income replacement benefits at $235.74 per week.

The arbitrator also awarded interim benefits for housekeeping and transportation to medical appointments, but denied other requested medical and rehabilitation expenses, finding they were either past expenses or not urgently required.

The issue of a special award was reserved for the main arbitration hearing.