The applicant was struck by a motor vehicle while walking in a pedestrian crosswalk, sustaining serious injuries.
She received statutory accident benefits, including Other Disability Benefits (ODBs), which the insurer later terminated.
At arbitration, the insurer sought an adjournment for a further medical examination, which was denied as the arbitrator lacked authority to compel attendance.
The arbitrator found the applicant was not entitled to post-104 week ODBs because she did not suffer a complete inability to carry on a normal life, as she could still engage in a substantial number of pre-accident activities.
However, the arbitrator awarded a special award of $2,750 because the insurer had unreasonably delayed pre-104 week ODB payments by applying the wrong disability test when it initially terminated benefits.
