Dr. Kenneth Bowler

The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated them, alleging she failed to follow through with rehabilitation recommendations.

The applicant sought arbitration for weekly income benefits, rehabilitation benefits, and a special award.

The arbitrator found that the applicant was disabled from returning to her pre-accident employment as a bar-maid, noting the insurer's experts relied on a flawed job description.

The arbitrator also found the applicant was continuously disabled from engaging in any occupation for which she was reasonably suited by education, training, or experience.

The applicant was awarded weekly income benefits and partial rehabilitation benefits for a functional assessment and work trials, but the claim for a special award was dismissed.

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

She applied for arbitration, claiming ongoing weekly income benefits and reimbursement for various medical, rehabilitation, and care expenses.

The arbitrator found that the applicant suffered from chronic pain resulting from the accident, which substantially disabled her from performing the essential tasks of her employment as a laboratory manager until August 14, 1992.

After that date, surveillance evidence and functional capacity evaluations demonstrated she was no longer substantially disabled.

The arbitrator awarded weekly income benefits for the closed period, along with specific supplementary medical, rehabilitation, and care expenses, and arbitration expenses.