Dr. J. Shapiro

The applicants, a husband and wife, were injured in a rear-end motor vehicle collision and received weekly statutory accident benefits for three years.

The insurer terminated benefits on the basis that neither applicant met the stricter post-156 week disability tests.

The arbitrator found that the wife's pre-existing degenerative disc disease was aggravated by the accident, causing a herniation, but that she was not continuously prevented from engaging in substantially all of her normal activities, as evidenced by surveillance and her continued volunteer work.

The husband, who had significant pre-existing back problems, claimed ongoing disability from chronic pain syndrome.

The arbitrator dismissed his claim for ongoing benefits, noting he had returned to work briefly, played golf frequently, and his psychological evidence was inconsistent.

The arbitrator did order the insurer to pay a shortfall in the husband's pre-termination benefits based on an accountant's calculation, but denied a special award.

The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them.

The applicant sought arbitration for ongoing income replacement benefits, an education disability benefit, housekeeping expenses, and a special award.

The arbitrator found that the accident materially contributed to the applicant's impairment, which included fibromyalgia and depression, rendering her substantially unable to perform the essential tasks of her demanding pre-accident managerial employment.

The applicant was awarded ongoing income replacement benefits with interest.

Claims for education and housekeeping benefits were dismissed for lack of evidence and failure to meet statutory requirements.

The issue of a special award was deferred to a subsequent hearing.