2 total
Applicant awarded arbitration expenses despite recovering only a small fraction of her total claim.
The applicant sought her expenses for an arbitration proceeding regarding statutory accident benefits following a motor vehicle accident.
Although she was awarded only $1,050 on a claim of over $17,000, the arbitrator found she was successful because she had to pursue arbitration to recover her entitlement.
The insurer's settlement offer of $2,500 was given little weight because it required a full release of future medical and rehabilitation claims.
The arbitrator concluded the applicant was entitled to her expenses of the arbitration proceeding.
Claims for housekeeping and ongoing medical expenses dismissed; partial costs for medical assessments awarded.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for housekeeping expenses, medical expenses for massage and chiropractic treatment, and the cost of two medical assessments.
The arbitrator found that the applicant was not substantially disabled from performing her pre-accident housekeeping duties and that the ongoing medical treatments were not reasonable or necessary, as they likely promoted abnormal illness behaviour.
The claims for housekeeping and medical expenses were dismissed.
The arbitrator allowed the cost of a disability certificate and half the cost of a psychological assessment, finding them reasonable.
No co-appearing lawyers found.
No judges found.