2 total
Accident benefits claims dismissed due to lack of credible medical evidence; applicant ordered to repay missed assessment fee.
The applicant sought statutory accident benefits following a motor vehicle accident.
The insurer denied claims for medical and rehabilitation benefits, housekeeping benefits, and assessment costs.
The arbitrator dismissed the applicant's claims, finding her evidence regarding the necessity of treatments and assessments lacked credibility and was contradicted by independent DAC assessments.
The arbitrator also ordered the applicant to repay the insurer for a missed DAC appointment, rejecting her explanation that she did not open her mail.
Arbitrator denies ongoing IRBs and expensive assessments, awarding only limited palliative treatment and housekeeping benefits.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs), medical benefits, housekeeping expenses, and the cost of assessments.
The arbitrator found that the applicant did not meet the test for IRBs, as medical evidence indicated she was not substantially unable to perform her work tasks.
Claims for treatment at Four Winds were denied due to unreliable invoices, while palliative treatment at Gateway was approved only up to August 2004, after which active rehabilitation should have commenced.
Housekeeping benefits were partially awarded.
Claims for expensive chiropractic assessments were denied as premature and excessive.
A claim for a special award was dismissed, but interest was awarded on overdue amounts.
No linked lawyers found.
No linked judges found.