Joseph J. Sullivan

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

The applicant sought ongoing benefits, claiming he was substantially unable to perform his essential pre-accident tasks.

The arbitrator found that the applicant's pre-accident tasks were minimal, consisting mainly of self-care activities, as he was unemployed and not actively looking for work.

Relying on surveillance evidence that showed the applicant driving, bending, and performing maintenance on his car, the arbitrator concluded that he had resumed his pre-accident tasks by the time benefits were terminated.

The claim for ongoing weekly benefits was dismissed, but the applicant was awarded his arbitration expenses.

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

The applicant sought ongoing benefits, claiming she was unable to perform her occupation as a housecleaner due to post-traumatic fibromyalgia.

The insurer argued she was exaggerating her symptoms and could return to work.

The arbitrator preferred the evidence of the applicant's treating physicians, finding her pain genuine and her inability to work through it justified.

The arbitrator awarded ongoing weekly income benefits, interest, and expenses, but denied a special award, finding the insurer's termination was not unreasonable given the conflicting medical opinions and the applicant's exaggerated behaviours.

The applicant was injured in a rear-end motor vehicle accident and received weekly income benefits until the insurer terminated them.

The applicant sought arbitration, claiming she suffered from post-traumatic fibromyalgia and was substantially unable to perform her essential job tasks as an assembler.

The arbitrator reviewed medical evidence and surveillance video, concluding that the applicant's job was light and sedentary, and that she had adopted a dysfunctional stance, magnifying her symptoms.

The arbitrator found that any continuing symptoms were not caused by the accident and dismissed the claim for ongoing weekly income benefits and a special award, but granted the applicant her arbitration expenses.