Dr. R. Kakar

The appellant appealed an Arbitrator's decision that limited his income replacement benefits and attendant care benefits, awarded a nominal special award, and reduced his arbitration expenses due to his deceit and exaggeration of symptoms.

The respondent cross-appealed, arguing the Arbitrator failed to deduct income tax when calculating the appellant's pre-accident income.

The Director's Delegate dismissed the appellant's appeal, finding the Arbitrator's conclusions on disability, credibility, expenses, and the special award were well-supported by the evidence, including surveillance footage that contradicted the appellant's claims.

The Delegate allowed the respondent's variation application, correcting the benefit rate to account for income tax deductions.

The Delegate also upheld the Arbitrator's ruling that he lacked jurisdiction to order interest accruing after the date of his decision, but ordered the respondent to pay the appellant's post-decision implementation expenses due to its unjustified delay in complying with the original order.

The applicant was injured in a motor vehicle accident and received statutory accident benefits until the insurer terminated weekly income benefits.

The applicant applied for arbitration, seeking ongoing weekly income benefits, transportation expenses, and a special award.

The arbitrator found that the applicant suffered from chronic pain and depression caused by the accident, which continuously prevented him from engaging in any suitable employment.

The arbitrator ordered the insurer to pay ongoing weekly income benefits and transportation expenses.

However, the arbitrator also ordered the applicant to repay an overpayment of income replacement benefits due to his receipt of collateral benefits, and denied the request for a special award.