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Ongoing accident benefits denied as applicant's disability stemmed from pre-existing psychological issues, not the collision.
The applicant sought ongoing statutory accident benefits following a motor vehicle accident, claiming physical and psychological disabilities prevented him from working as a superintendent.
The arbitrator found that the applicant suffered from chronic fatigue and psychological issues prior to the accident, stemming from previous torture in Turkey, which had already impaired his job performance.
Medical opinions supporting the applicant's claim were rejected because the experts were unaware of his pre-accident condition.
The arbitrator concluded the accident did not significantly contribute to the applicant's disability, denying further weekly benefits and the insurer's claim for repayment, but awarded reimbursement for a medical report.
Applicant awarded caregiver and attendant care benefits; insurer's malingering allegations rejected despite substance abuse issues.
The applicant was injured in two motor vehicle accidents in 1996 and sought statutory accident benefits for caregiver, housekeeping, and attendant care expenses.
The insurer terminated caregiver benefits and denied attendant care, alleging the applicant was malingering and exaggerating her symptoms, pointing to a pre-existing slip-and-fall injury and substance abuse issues.
The arbitrator found that the applicant sustained psychological and physical injuries in the accidents, leading to disabling psychological and chronic pain conditions.
The arbitrator rejected the insurer's malingering argument, finding the applicant's substance abuse was a misguided effort to control pain.
The applicant was awarded caregiver benefits from February 4, 1997, and attendant care benefits for a limited period, but her claim for additional housekeeping benefits was denied.
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