Dr. Leon Kushnir

The applicant sought statutory accident benefits, including medical, attendant care, and housekeeping benefits, following a motor vehicle accident.

The insurer denied the benefits, arguing the treatments were not reasonable, necessary, or actually incurred.

The arbitrator dismissed the applicant's claims in their entirety, finding her testimony lacked credibility and was inconsistent with the clinical notes of her regular treating physicians.

The arbitrator drew adverse inferences from the applicant's failure to call treating practitioners or her son, who allegedly provided care, and concluded the claimed services were either not provided or not reasonably required.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including non-earner, attendant care, and housekeeping benefits, which the insurer denied.

The arbitrator found significant credibility issues with the applicant's evidence, noting surveillance footage that contradicted his claimed limitations and medical assessments indicating symptom magnification.

The arbitrator concluded that the applicant's ongoing issues were likely related to pre-existing degenerative conditions rather than the accident.

Consequently, the applicant failed to prove a complete inability to carry on a normal life or a reasonable necessity for the claimed attendant care and housekeeping services.

All claims for benefits, a special award, and interest were dismissed.

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.