Dr. Stanley Sober

The Applicant was injured in a motor vehicle accident and received weekly income benefits until the Insurer terminated them based on an independent medical examination.

The Applicant sought reinstatement of benefits, arguing he remained unable to perform his physically demanding job as a fence installer.

The Arbitrator found the Applicant was substantially unable to return to work until June 3, 1993, and ordered benefits paid to that date.

The Arbitrator also determined that the Applicant's accrued vacation pay should be allocated over the period it was earned for the purpose of calculating his gross weekly income.

The Applicant's claim for a special award was dismissed, as the Insurer's reliance on its medical report to terminate benefits was not unreasonable.

The applicant sought weekly benefits following a motor vehicle accident, claiming a substantial inability to perform his pre-accident essential tasks.

The insurer terminated benefits based on independent medical examinations and a functional abilities evaluation indicating symptom magnification and an ability to perform daily activities.

The arbitrator found the applicant's evidence inconsistent and accepted the medical evidence that he was capable of performing his essential tasks.

The claim for weekly benefits was dismissed, but the applicant was awarded his arbitration expenses as the claim was not frivolous.