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Claim for ongoing weekly income benefits dismissed as applicant was not substantially disabled from working.
The applicant was injured in a minor motor vehicle accident and received statutory accident benefits until December 1993.
She sought ongoing weekly income benefits, claiming she was substantially unable to perform her pre-accident job as a Client Service Officer due to fibromyalgia and depression.
The arbitrator dismissed the claim for ongoing benefits, finding no objective signs of disability, noting the minor nature of the accident, and relying on surveillance evidence and the applicant's undisputed ability to work part-time.
The arbitrator awarded the applicant her arbitration expenses, finding the claim was not frivolous or vexatious.