Dr. Gabriel Jeremias

The applicant was injured in a motor vehicle accident and received weekly income benefits, which were terminated by the insurer on the basis that he failed to make progress in a rehabilitation program.

The applicant applied for arbitration, arguing that chronic back pain prevented him from returning to his heavy physical job.

The arbitrator found the applicant credible and accepted medical evidence that the accident aggravated a pre-existing back condition, resulting in chronic pain.

The arbitrator concluded that the applicant's inability to perform the essential tasks of his employment was genuine and not due to a deliberate failure to cooperate in rehabilitation.

The applicant was awarded ongoing weekly income benefits.

The applicant, a self-employed duct cleaner, was injured in a motor vehicle accident and received weekly income benefits until they were terminated by the insurer.

The applicant sought reinstatement of benefits for the period from May 10, 1991, to September 30, 1991, arguing he was substantially unable to perform the physical tasks of his employment.

The insurer relied on surveillance evidence and an independent medical examination suggesting the applicant could return to work.

The arbitrator found the applicant credible, noting his essential tasks were physically demanding, and concluded the medical evidence supported his inability to work during the disputed period.

The applicant was awarded the claimed benefits, interest, and expenses.