The applicant was injured in a motor vehicle accident and received statutory accident benefits.
The insurer terminated attendant care and housekeeping benefits, leading to a settlement and release.
The release included a 'without prejudice' clause preserving the applicant's right to claim post-104 week benefits if determined to be catastrophically impaired.
The insurer raised a preliminary issue arguing the applicant was barred from claiming these benefits due to the limitation period and the settlement.
The arbitrator found the release clear and unambiguous, holding that it did not preclude the applicant from proceeding with his claim for post-104 week benefits.
