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Arbitrator granted income replacement benefits to one applicant but dismissed the co-applicant's claims due to credibility issues.
The applicants, who were injured in a rear-end motor vehicle collision, sought arbitration after the insurer terminated their statutory accident benefits.
Mr. Narain claimed ongoing income replacement benefits, medical benefits, housekeeping expenses, and the cost of a medical assessment.
Ms. Mangroo claimed income replacement benefits, medical benefits, and housekeeping expenses.
The arbitrator found Mr. Narain credible regarding his ongoing back and knee pain, granting his claim for income replacement benefits and the cost of a physiatrist's report, but dismissed his claims for further medical treatment and housekeeping expenses.
Conversely, the arbitrator found Ms. Mangroo to be an unreliable witness due to numerous inconsistencies in her evidence and dismissed all of her claims, concluding she failed to prove a substantial inability to perform her pre-accident employment or housekeeping tasks.
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