Dr. John Patcai

The appellant appealed an Arbitrator's decision that limited his income replacement benefits and attendant care benefits, awarded a nominal special award, and reduced his arbitration expenses due to his deceit and exaggeration of symptoms.

The respondent cross-appealed, arguing the Arbitrator failed to deduct income tax when calculating the appellant's pre-accident income.

The Director's Delegate dismissed the appellant's appeal, finding the Arbitrator's conclusions on disability, credibility, expenses, and the special award were well-supported by the evidence, including surveillance footage that contradicted the appellant's claims.

The Delegate allowed the respondent's variation application, correcting the benefit rate to account for income tax deductions.

The Delegate also upheld the Arbitrator's ruling that he lacked jurisdiction to order interest accruing after the date of his decision, but ordered the respondent to pay the appellant's post-decision implementation expenses due to its unjustified delay in complying with the original order.

The applicant was seriously injured in a motor vehicle accident and received statutory accident benefits for 156 weeks before the insurer terminated them.

She sought reinstatement of weekly income benefits and housekeeping expenses, as well as reimbursement for prescriptions.

The arbitrator found that the applicant suffered from chronic pain syndrome and depression, and that her honest belief in her disability rendered her incapable of returning to work, entitling her to ongoing weekly benefits.

However, the arbitrator found she was capable of performing more household tasks than she admitted and reduced her housekeeping benefits to five hours per week.

Prescription expenses were awarded in full.