44 total
Claim for ongoing weekly disability benefits dismissed; reimbursement for medical reports granted.
The applicant was injured in a motor vehicle accident and received weekly disability benefits until May 1997.
He applied for ongoing disability benefits and reimbursement for three medical reports.
The arbitrator found that the applicant failed to establish a substantial inability to perform the essential tasks of his pre-accident job as a video salesman, as his medical experts did not address his actual job duties.
The claim for ongoing weekly benefits was dismissed.
However, the arbitrator ordered the insurer to reimburse the applicant for the costs of the three medical reports, finding they were reasonably incurred under section 24 of the Statutory Accident Benefits Schedule to establish entitlement to benefits.
Caregiver benefits and housekeeping expenses awarded for limited periods; special award denied.
The applicant was injured in a motor vehicle accident and sought ongoing caregiver benefits and housekeeping expenses after the insurer terminated them.
The arbitrator found that the applicant met the test for a partial inability to carry on a normal life and a substantial inability to engage in pre-accident caregiving activities for a period following the termination, entitling her to caregiver benefits until August 1997, at which point video surveillance demonstrated she had regained significant capacity.
The arbitrator also awarded housekeeping expenses for varying hours per week up to April 1998, but declined to order a special award against the insurer.
Claim for ongoing income benefits dismissed; limited housekeeping expenses awarded based on psychological expert evidence.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated weekly income benefits.
The applicant sought arbitration for ongoing weekly income benefits and housekeeping expenses, claiming disability due to chronic pain and fibromyalgia.
The arbitrator preferred the evidence of the insurer's psychological expert, finding that the applicant's pain behavior was not organically based and was inadvertently reinforced by her family.
The arbitrator concluded the applicant was not disabled from working and dismissed the claim for ongoing income benefits.
However, the arbitrator awarded $4,780 for housekeeping and babysitting expenses incurred during a reasonable recovery and transition period.
Claim for ongoing weekly income benefits dismissed due to lack of credible evidence of continuing disability.
The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them.
The applicant sought arbitration for ongoing weekly income benefits and supplementary medical benefits.
The arbitrator found the applicant's evidence regarding his pre-accident employment and income to be unreliable and contradictory, concluding he was only entitled to the minimum weekly benefit of $185.60, which had already been paid.
The arbitrator dismissed the claim for ongoing weekly benefits, finding insufficient medical evidence of a continuing disability that would prevent the applicant from working as a handyman.
The applicant was awarded $537.64 for certain supplementary medical and rehabilitation expenses, along with arbitration filing fees.