2 total
Accident benefits denied due to applicant's lack of credibility and surveillance evidence contradicting disability claims.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits, medical benefits, and visiting expenses for his parents.
The insurer terminated benefits, arguing the applicant was not substantially disabled.
The arbitrator found the applicant lacked credibility, noting numerous inconsistencies in his medical history, functional abilities, and income reporting, which were further undermined by surveillance evidence showing him working and moving without apparent difficulty.
The arbitrator concluded the applicant did not suffer significant physical or psychological injuries as a result of the accident and dismissed all claims.
Self-employed contractor denied ongoing accident benefits; insurer's claim for repayment of overpaid benefits dismissed.
The applicant, a self-employed general contractor, was injured in a motor vehicle accident and claimed ongoing weekly income benefits, vocational retraining, and a special award.
The insurer terminated benefits and sought repayment of overpaid amounts.
The arbitrator found that the applicant was not substantially unable to perform his pre-accident work after July 31, 1995, dismissing the claims for ongoing benefits and retraining.
The arbitrator also determined that the applicant's business income should be calculated using a net/net approach, resulting in a minimum benefit rate.
The insurer's claim for repayment was dismissed as the overpayment resulted from a legitimate dispute over calculation methods rather than error or fraud.
The applicant was awarded arbitration expenses.
No linked lawyers found.
No linked judges found.