The appellant appealed an arbitrator's decision denying her ongoing weekly income benefits beyond a six-month extension and refusing a special award.
The arbitrator had found that the appellant would have been fit for full-time work had she continued her prescribed exercise program, and that her failure to do so was the sole cause of her continuing disability.
The Director's Delegate upheld the decision, finding that the arbitrator did not improperly import mitigation principles but correctly considered rehabilitation efforts in determining whether the appellant met the statutory definition of disability.
The Delegate also upheld the refusal of a special award, finding no error in the arbitrator's conclusion that the insurer's termination of benefits was not unreasonable.
The appeal was dismissed, with partial expenses awarded to the appellant.
