Jane Young

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including a determination of catastrophic impairment, income replacement benefits, and medical benefits.

The arbitrator found that the applicant sustained a catastrophic impairment due to a marked impairment in the adaptation domain (deterioration or decompensation in a work-like setting) under the AMA Guides.

The applicant was awarded ongoing income replacement benefits of $400 per week, as she suffered a complete inability to engage in any employment for which she was reasonably suited.

Claims for various medical benefits and a special award were dismissed.

The applicant's request for an anonymity order was also denied.

The applicant withdrew her application for arbitration for statutory accident benefits.

The insurer sought its expenses for the proceeding.

The arbitrator permitted the withdrawal and awarded the insurer $2,269.23 in expenses, finding that the applicant's failure to promptly inform the insurer of the withdrawal caused unnecessary preparation costs.

The insurer's claimed costs of over $11,000 were reduced as excessive and disproportionate.