2 total
Application for accident benefits dismissed as impairments were caused by a subsequent workplace assault.
The applicant sought statutory accident benefits following a motor vehicle accident, including medical benefits, housekeeping expenses, and the cost of a functional abilities evaluation.
The insurer denied the claims, arguing that the applicant's ongoing impairments were caused by a subsequent workplace assault and robbery, not the motor vehicle accident.
The arbitrator dismissed the application, finding that the medical documentation contemporaneous with the workplace assault attributed the applicant's injuries to that event.
The arbitrator concluded that the disputed treatment plans and assessments were not reasonable or necessary, and the applicant failed to prove a substantial inability to perform pre-accident housekeeping tasks as a result of the motor vehicle accident.
Claims for statutory accident benefits dismissed where applicant failed to attend and insurer's medical evidence preferred.
The applicant sought statutory accident benefits following a motor vehicle accident, including medical benefits, housekeeping expenses, and a special award.
Despite the applicant's failure to attend the hearing, his counsel proceeded.
The arbitrator dismissed the claims for medical benefits, preferring the evidence of the insurer's medical experts who conducted physical examinations over the applicant's expert who only performed a paper review.
The arbitrator also found that the treatment facility had overbilled for the duration of sessions.
The claims for housekeeping and a special award were dismissed due to lack of evidence and the finding that no benefits were unreasonably withheld.
The insurer was awarded its arbitration expenses.
No co-appearing lawyers found.
No judges found.