Dr. T.N. Siller

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement, attendant care, and housekeeping benefits.

The arbitrator found the applicant's testimony lacked credibility due to inconsistencies and failure to disclose a subsequent accident to medical assessors.

However, relying on objective medical evidence, the arbitrator concluded the applicant suffered a substantial inability to perform his pre-accident employment as a cleaner for the first 104 weeks.

The applicant did not meet the complete inability test for the period after 104 weeks.

The arbitrator awarded income replacement benefits for the initial period, subject to deductions for post-accident earnings, and granted attendant care and housekeeping benefits for a limited period.

The appellant appealed an arbitration decision denying his claim for weekly income benefits following a motor vehicle accident.

The appellant argued the arbitrator failed to give proper weight to evidence of a flare-up of back problems and a bulging disc.

The Director's Delegate dismissed the appeal, finding that the arbitrator properly weighed the evidence, preferring the uniform opinions of several orthopaedic specialists over the appellant's general practitioner.

The arbitrator's conclusion that the appellant was not substantially unable to perform the essential tasks of his pre-accident work was supported by the evidence.

No appeal expenses were awarded.