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Applicant awarded weekly income benefits and housekeeping expenses due to accident-related post-traumatic stress disorder.
The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, including weekly income benefits and housekeeping expenses.
The insurer terminated benefits, arguing the applicant was misrepresenting her symptoms and was capable of working.
The arbitrator found that the applicant suffered from post-traumatic stress disorder and chronic pain syndrome resulting from the accident, which substantially disabled her from performing the essential tasks of her employment in her husband's business until August 15, 1994.
The arbitrator awarded weekly income benefits up to that date, as well as housekeeping expenses, but denied the claim for holiday expenses.
Applicant ordered to repay over $16,000 in accident benefits after arbitrator finds evidence of malingering and misrepresentation.
The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer.
The insurer subsequently terminated the benefits and sought repayment, alleging the applicant had misrepresented his pre-accident employment and income.
The arbitrator found the applicant's evidence regarding his employment to be contradictory and unsubstantiated, determining his weekly income benefits should be based solely on his verifiable employment.
The arbitrator also accepted expert evidence that the applicant was malingering and feigning psychological injuries, concluding he was not entitled to ongoing benefits.
The applicant was ordered to repay $16,233.06 in overpaid benefits and $1,000 in arbitration expenses for advancing a frivolous claim.
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