Ms. B. Mair

The insurer appealed an Arbitrator's decision awarding the insured a special award for unreasonably withholding income replacement benefits.

The insurer argued it reasonably relied on its own medical experts who opined the insured did not meet the post-104-week disability test.

The Director's Delegate dismissed the appeal, finding no error of law in the Arbitrator's conclusion that the insurer failed to consider all available information, including contradictory reports from its own vocational expert and the insured's treatment providers.

The Delegate also upheld the quantum of the special award, noting that while expressed as a percentage, it was readily convertible to a lump sum of approximately $7,700, which was not disproportionate to the insurer's conduct.