Dr. Scott H. Garner

The applicant was injured in a motor vehicle accident and sought post-104 week income replacement benefits.

The insurer terminated benefits, arguing the applicant continued to operate his horse farm.

The arbitrator found that the applicant suffered from severe chronic pain and depression, rendering him completely unable to engage in any employment for which he was reasonably suited, including his pre-accident work as a truck driver and farmer.

The arbitrator awarded income replacement benefits at $400 per week, interest on overdue payments, and a $25,000 special award against the insurer for unreasonably terminating benefits without sufficient medical or vocational investigation.

The applicant was injured in a motor vehicle accident and received weekly income benefits for approximately 158 weeks before the insurer terminated them.

The applicant brought a motion for interim benefits pending a full arbitration hearing.

The arbitrator found that the applicant had established a persuasive case for entitlement based on uncontroverted medical evidence of a severe brain injury, which outweighed the insurer's surveillance evidence.

The arbitrator also found that the applicant demonstrated financial necessity, as his sole income was General Welfare Assistance and he faced eviction.

The motion for interim benefits was granted.