2 total
Accident benefits largely denied due to lack of credibility, but six treatment plans deemed approved.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to 29 treatment plans, attendant care, housekeeping, and examination costs.
The arbitrator found the applicant lacked credibility, noting he minimized pre-accident health issues and submitted false invoices.
The arbitrator rejected the applicant's expert evidence and found the claimed treatments were not reasonable or necessary.
However, six treatment plans totaling $6,398.23 were payable because the insurer failed to respond to them, resulting in deemed approval under the Schedule.
All other claims were dismissed.
Accident benefits claims dismissed entirely due to devastating surveillance evidence and unreliable, altered expert medical reports.
Three family members sought statutory accident benefits following a minor motor vehicle collision.
The arbitrator dismissed all claims for income replacement, caregiver, attendant care, housekeeping, and medical/rehabilitation benefits.
The arbitrator found the applicants were not credible, relying heavily on surveillance evidence that contradicted their reported disabilities.
Furthermore, the applicants' expert medical evidence was rejected due to altered clinical records, failure of experts to testify, and reliance on inaccurate self-reporting.
Claims for interest, a special award, and arbitration expenses were also dismissed.
No linked lawyers found.
No linked judges found.