3 total
Applicant awarded ongoing income replacement benefits due to accident-related cognitive deficits and chronic pain.
The Applicant was injured in a motor vehicle accident and claimed ongoing income replacement benefits.
The Insurer argued his condition was not caused by the accident and he was not motivated to return to work.
The Arbitrator found that the Applicant suffered continuous depression, reduced cognitive skills, and chronic pain as a result of the accident.
Due to these cognitive and physical disabilities, the Applicant suffered a substantial inability to perform the essential tasks of his job as a welder.
The Arbitrator ordered the Insurer to pay ongoing income replacement benefits and the expenses of the arbitration.
Income replacement benefits awarded until DAC report release; ongoing benefits denied due to exaggerated symptoms.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits, supplementary medical benefits, and attendant care benefits.
The insurer terminated income replacement benefits, alleging the applicant failed to attend a medical examination and was malingering.
The arbitrator found that the insurer improperly terminated benefits before obtaining a Designated Assessment Centre report, entitling the applicant to benefits until the report's release.
However, the arbitrator concluded the applicant grossly exaggerated his physical and cognitive symptoms, relying on surveillance evidence and medical inconsistencies, and denied ongoing income replacement benefits.
The arbitrator also awarded limited supplementary medical and attendant care benefits, and a special award due to the insurer's unreasonable delay in initial payments and refusal to fund certain treatments.
Accident benefits denied where surveillance video and lack of credibility undermined claims of total disability.
The applicant was injured in a motor vehicle accident and claimed ongoing weekly income benefits and supplementary medical and rehabilitation benefits.
The insurer terminated benefits and sought repayment, arguing the applicant was not disabled and had returned to work at his pizza store.
The arbitrator found the applicant to be an unreliable and evasive witness, relying on surveillance video showing him working.
The medical evidence supporting disability was rejected due to partiality and lack of complete history.
The applicant's claims for ongoing benefits were dismissed, as was the insurer's claim for repayment.
No expenses were awarded to the applicant due to his lack of credibility.
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