2 total
Income benefits denied where surveillance evidence contradicted applicant's claims of disabling chronic pain.
The applicant, a taxi driver, was injured when pinned between two vehicles.
He claimed ongoing weekly income benefits, alleging chronic pain and depression prevented him from working.
The insurer terminated benefits after medical assessments indicated he could return to work.
The arbitrator dismissed the claim for ongoing benefits, finding the applicant lacked credibility, exaggerated his symptoms, and had been working covertly at his brother's store, as revealed by surveillance evidence.
The medical opinions supporting disability were rejected as they relied on the applicant's unreliable subjective reporting.
The applicant was awarded one-third of his expenses.
Accident benefits denied where surveillance video and lack of credibility undermined claims of total disability.
The applicant was injured in a motor vehicle accident and claimed ongoing weekly income benefits and supplementary medical and rehabilitation benefits.
The insurer terminated benefits and sought repayment, arguing the applicant was not disabled and had returned to work at his pizza store.
The arbitrator found the applicant to be an unreliable and evasive witness, relying on surveillance video showing him working.
The medical evidence supporting disability was rejected due to partiality and lack of complete history.
The applicant's claims for ongoing benefits were dismissed, as was the insurer's claim for repayment.
No expenses were awarded to the applicant due to his lack of credibility.
No co-appearing lawyers found.
No judges found.