2 total
Applicant awarded medical, attendant care, and housekeeping benefits due to insurer's procedural breaches; non-earner benefits denied.
The applicant was injured in a motor vehicle accident and sought various statutory accident benefits, including non-earner, medical, attendant care, and housekeeping benefits.
The insurer suspended benefits after the applicant failed to attend an examination under oath, though a previous arbitrator found the notices defective.
The arbitrator found the applicant entitled to the disputed medical treatment plans, as well as attendant care and housekeeping benefits for a limited period due to the insurer's procedural breach in failing to provide assessment reports in a timely manner.
However, the claim for non-earner benefits was dismissed as the applicant did not meet the test of a complete inability to lead a normal life.
The request for a special award was also denied.
Application for accident benefits dismissed due to lack of credibility and insufficient objective medical evidence.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for physiotherapy and dental treatments.
The insurer denied the claims, arguing the treatments were not reasonable and necessary.
The arbitrator found the applicant's credibility to be lacking due to numerous discrepancies in her medical history and presentation.
The arbitrator concluded that the physiotherapy at the Rehab Centre was not reasonable, as the applicant had abandoned a previous clinic without cause and showed no significant improvement.
Furthermore, the arbitrator found insufficient objective evidence to support a diagnosis of a temporomandibular joint (TMJ) disorder caused by the accident, rejecting the applicant's dental treatment claim.
The application for benefits was dismissed.
No co-appearing lawyers found.
No judges found.