2 total
Application for income replacement and medical benefits dismissed due to insufficient evidence of disability and need.
The applicant sought income replacement benefits and medical benefits for chiropractic services following a motor vehicle accident.
The adjudicator found that the applicant failed to prove he was employed at the time of the accident or that he suffered a substantial inability to perform the essential tasks of his employment, noting his continued participation in physical sports and lack of business documentation.
The adjudicator also dismissed the claims for medical benefits, relying on an insurer's examination report indicating that maximum medical recovery had been achieved and finding insufficient evidence that further chiropractic treatments were reasonable and necessary.
The application was dismissed.
Appeal of accident benefits denial dismissed; appellant's representative ordered to personally pay $3,000 in costs.
The appellant appealed an arbitrator's decision denying her claims for income replacement benefits, medical and rehabilitation benefits, and housekeeping expenses following a motor vehicle accident.
The Director's Delegate dismissed the appeal, finding that the arbitrator's decision was well-reasoned and supported by the evidence, particularly the DAC reports which contradicted the appellant's expert.
Furthermore, the Director's Delegate ordered the appellant's representative to personally pay the respondent's appeal expenses of $3,000, finding that the representative pursued the appeal to validate an assessment method for his own personal agenda, thereby causing expenses to be incurred unreasonably.
No co-appearing lawyers found.
No judges found.