Dr. Rickey Miller

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, claiming he sustained a catastrophic impairment due to a mental disorder.

The insurer argued the mental disorder was genetically based and not caused by the accident.

The Arbitrator found that the accident caused the applicant's mental disorders, which resulted in a marked impairment of his ability to function, meeting the definition of catastrophic impairment.

The applicant was awarded attendant care benefits at a reduced rate, as he did not require round-the-clock care.

Claims for Botox injections and a special award were dismissed.

The appellant appealed an arbitrator's costs order following the withdrawal of the insurer's variation application.

The appellant argued the arbitrator erred by disallowing counsel's travel time, applying a multiple to hearing time to calculate preparation time rather than using actual docketed hours, and disallowing a disbursement for a psychological report.

The Director's Delegate dismissed the appeal, finding no error in the arbitrator's exercise of discretion.

Travel time is generally not compensable, the use of a 4:1 ratio for preparation time appropriately compensated for wasted preparation, and the expert report was reasonably found to be unhelpful and unnecessary for the hearing.

The insurer applied to vary or revoke a 2007 order to pay income replacement benefits, but sought to withdraw the application during the hearing, claiming its psychological expert changed his opinion.

The arbitrator allowed the withdrawal but imposed a term precluding the insurer from filing further applications regarding the 2007 order until it substantiated the expert's change of opinion.

The arbitrator also assessed the insured's expenses, awarding $18,204.83 for legal fees and disbursements, including reduced amounts for several expert reports that were deemed inefficient or of limited value.