3 total
Appeal of accident benefits dismissal denied; arbitrator's factual findings on causation and procedural rulings upheld.
The appellant appealed an arbitrator's decision dismissing her claims for statutory accident benefits and awarding expenses to the insurer following a rear-end collision.
The arbitrator had found that the appellant suffered a mild whiplash injury from which she recovered, and that her ongoing physical and psychological issues were attributable to pre-existing conditions rather than the accident.
On appeal, the Director's Delegate dismissed the appeal, finding that the arbitrator's conclusions on causation were factual determinations supported by the medical evidence.
The Delegate also rejected the appellant's procedural arguments, including claims of bias and the refusal to order the insurer to pay for transcripts from a previous arbitration, concluding that the arbitrator properly controlled the hearing and afforded the appellant a reasonable opportunity to present her case.
Claims for statutory accident benefits dismissed as the accident did not significantly contribute to impairments.
The applicant was injured in a motor vehicle accident and sought various statutory accident benefits, including medical and rehabilitation benefits, housekeeping expenses, and attendant care benefits.
The insurer denied the claims.
The arbitrator found that the applicant suffered from pre-existing physical and psychological conditions due to prior incidents.
Based on the medical evidence and the applicant's level of activity before and after the accident, the arbitrator concluded that the motor vehicle accident did not significantly contribute to her ongoing physical or psychological impairments.
All claims for benefits, interest, and a special award were dismissed.
Accident benefits denied where surveillance and medical records showed impairments pre-dated the motor vehicle accident.
The applicant was injured in a motor vehicle accident and sought ongoing statutory accident benefits, including weekly income benefits, home renovations, care benefits, housekeeping, medical devices, and transportation expenses.
The insurer terminated benefits, arguing her ongoing issues were due to age and pre-existing conditions.
The arbitrator dismissed almost all claims, finding that the applicant's dizziness and vertigo pre-dated the accident and were not materially exacerbated by it.
Surveillance evidence contradicted her claims of severe impairment.
While she sustained a permanent shoulder injury, it did not necessitate the claimed home renovations or care services.
The arbitrator awarded only $17 for transportation to a chiropractor.
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