The applicant was injured in a 1994 motor vehicle accident and received statutory accident benefits from the insurer for ten years.
In 2004, the insurer abruptly terminated or reduced her housekeeping, home maintenance, and transportation benefits, and later denied a treatment plan for acupuncture.
The arbitrator found that the applicant's pre-existing fibromyalgia and arthritis were significantly aggravated by the accident, entitling her to the claimed benefits.
The arbitrator awarded past and ongoing housekeeping, home maintenance, and transportation expenses, as well as the acupuncture treatment.
Furthermore, the arbitrator found that the insurer breached its duty of good faith by arbitrarily reducing benefits without proper assessment or consideration of its legal obligations, and ordered a special award of $18,000 against the insurer.
