5 total
Functional abilities and vocational assessments approved up to statutory maximum; chronic pain assessment denied.
The applicant sought statutory accident benefits for a Functional Abilities Evaluation (FAE), vocational assessments, and a Chronic Pain Assessment (CPA) following a motor vehicle accident.
The adjudicator found the FAE and vocational assessments were reasonable and necessary to determine the applicant's capacity to work as a drywaller and painter, awarding the prescribed maximum of $4,400.00 plus interest.
However, the claim for a CPA was denied because the applicant already had a comprehensive chronic pain diagnosis and the proposed assessment would not provide new medical guidance.
The respondent's request for costs was dismissed.
Summary judgment Motion allowed
The defendant, State Farm, brought a summary judgment motion to dismiss the plaintiff's claim for chiropractic treatments and a declaration of entitlement to future medical rehabilitation benefits following a motor vehicle accident.
The court found the case appropriate for summary judgment, noting the small amount in question ($4,090) and the availability of expert evidence.
The court concluded that the plaintiff failed to demonstrate that the proposed chiropractic treatment plan was reasonable and necessary, as expert opinions emphasized active, self-directed rehabilitation over passive treatments.
The motion was allowed, and the plaintiff's claims were dismissed.
Insurer unreasonably suspended benefits by demanding an undertaking for future examinations; special award granted.
The applicant was injured in two motor vehicle accidents and applied for statutory accident benefits.
The insurer terminated attendant care, housekeeping, and caregiver benefits, and suspended benefits due to the applicant's refusal to attend insurer examinations.
The arbitrator found that the applicant was entitled to additional benefits for specific periods, but not beyond the end of 2004, as the medical evidence did not support ongoing disability.
The arbitrator also held that the insurer unreasonably suspended benefits by requiring the applicant to sign an undertaking to attend future examinations, and awarded a $500 special award.
Applicant awarded partial housekeeping benefits but denied further acupuncture and special award.
The applicant was injured in a motor vehicle accident and claimed housekeeping benefits, acupuncture treatment, and a special award.
The arbitrator found the applicant was entitled to $3,676 for housekeeping expenses, as she suffered a substantial inability to perform her household tasks for a period following the accident.
The claim for further acupuncture treatment was denied because the medical evidence emphasized regular exercise rather than passive therapies.
The claim for a special award was dismissed as the insurer's denial of benefits was supported by an expert opinion and was not unreasonable.
Insurer ordered to pay ongoing acupuncture, housekeeping, and transportation benefits; special award denied.
The applicant was struck by a vehicle and sustained serious injuries, including a fractured pelvis.
She applied for statutory accident benefits for acupuncture, housekeeping, transportation, and a treadmill.
The insurer terminated payments for these benefits.
The arbitrator found that the acupuncture treatments provided necessary pain relief and that the applicant required ongoing housekeeping and transportation assistance due to her physical limitations.
The claims for acupuncture, housekeeping, and transportation were granted, while the claim for a treadmill was dismissed due to insufficient evidence.
The arbitrator declined to make a special award, finding the insurer's conduct was not unreasonable.