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Arbitrator awards income replacement and medical benefits, finding minor accident materially contributed to chronic pain.
The applicant was involved in a minor rear-end motor vehicle accident and subsequently claimed statutory accident benefits, including income replacement, housekeeping, and medical/rehabilitation benefits.
The insurer denied the claims, arguing the applicant's chronic pain and psychological impairments were not caused by the accident.
The arbitrator applied the material contribution test and found the accident exacerbated the applicant's pre-existing conditions, causing permanent impairment to her right shoulder and psychological disorders.
The applicant was awarded income replacement benefits, certain medical and assessment costs, and interest, but her claim for housekeeping benefits was dismissed due to insufficient credible evidence.
Claims for accident benefits dismissed due to unreliable evidence and minor nature of the collision.
The applicant claimed she was injured in a minor motor vehicle accident and sought income replacement benefits and housekeeping expenses from her insurer.
The insurer denied the claims, arguing the collision was too minor to cause the alleged injuries and questioning the applicant's credibility.
The arbitrator found the applicant's evidence unreliable, noting numerous inconsistencies and implausible explanations regarding the accident and her injuries.
The arbitrator concluded the applicant did not suffer a substantial inability to perform her employment tasks or housekeeping duties as a result of the accident.
All claims for benefits and a special award were dismissed.
No co-appearing lawyers found.
No judges found.